[House Report 114-606]
[From the U.S. Government Publishing Office]
114th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 114-606
======================================================================
DEPARTMENTS OF TRANSPORTATION, AND HOUSING AND URBAN DEVELOPMENT, AND
RELATED AGENCIES APPROPRIATIONS BILL, 2017
_______
June 7, 2016.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Diaz-Balart, from the Committee on Appropriations,
submitted the following
R E P O R T
together with
MINORITY VIEWS
[To accompany H.R. 5394]
The Committee on Appropriations submits the following
report in explanation of the accompanying bill making
appropriations for the Departments of Transportation, and
Housing and Urban Development, and related agencies for the
fiscal year ending September 30, 2017.
INDEX TO BILL AND REPORT
__________________________
Page number
Bill Report
Title I--Department of Transportation...................... 2 5
Title II--Department of Housing and Urban Development...... 68 64
Title III--Related Agencies................................ 146 100
Title IV--General Provisions............................... 150 105
PROGRAM, PROJECT, AND ACTIVITY
During fiscal year 2017, for the purposes of the Balanced
Budget and Emergency Deficit Control Act of 1985 (Public Law
99-177), as amended, with respect to appropriations contained
in the accompanying bill, the terms ``program, project, and
activity'' (PPA) shall mean any item for which a dollar amount
is contained in appropriations acts (including joint
resolutions providing continuing appropriations) and
accompanying reports of the House and Senate Committees on
Appropriations, or accompanying conference reports and joint
explanatory statements of the committee of conference. This
definition shall apply to all programs for which new budget
(obligational) authority is provided, as well as to
discretionary grants and discretionary grant allocations made
through either bill or report language. In addition, the
percentage reductions made pursuant to a sequestration order to
funds appropriated for facilities and equipment, Federal
Aviation Administration, shall be applied equally to each
budget item that is listed under said account in the budget
justifications submitted to the House and Senate Committees on
Appropriations as modified by subsequent appropriations acts
and accompanying committee reports, conference reports, or
joint explanatory statements of the committee of conference.
The Committee expects that the operating plans will address
each number listed in the reports, and warns that efforts to
operate programs at levels contrary to the levels recommended
and directed in these reports would not be advised.
OPERATING PLANS AND REPROGRAMMING GUIDELINES
The Committee includes a provision (Sec. 405) establishing
the authority by which funding available to the agencies funded
by this act may be reprogrammed for other purposes. The
provision specifically requires the advance approval of the
House and Senate Committees on Appropriations of any proposal
to reprogram funds that:
creates a new program;
eliminates a program, project, or activity
(PPA);
increases funds or personnel for any PPA for
which funds have been denied or restricted by the
Congress;
redirects funds that were directed in such
reports for a specific activity to a different purpose;
augments an existing PPA in excess of
$5,000,000 or 10 percent, whichever is less;
reduces an existing PPA by $5,000,000 or 10
percent, whichever is less; or
creates, reorganizes, or restructures
offices different from the congressional budget
justifications or the table at the end of the Committee
report, whichever is more detailed.
The Committee retains the requirement that each agency
submit an operating plan to the House and Senate Committees on
Appropriations not later than 60 days after enactment of this
Act to establish the baseline for application of reprogramming
and transfer authorities provided in this Act. Specifically,
each agency must provide a table for each appropriation with
columns displaying the budget request; adjustments made by
Congress; adjustments for rescissions, if appropriate; and the
fiscal year enacted level. The table shall delineate the
appropriation both by object class and by PPA. The report also
must identify items of special Congressional interest. In
certain instances, the Committee may direct the agency to
submit a revised operating plan for approval or may direct
changes to the operating plan if the plan is not consistent
with the directives of the conference report and statement of
the managers.
The Committee expects the agencies and bureaus to submit
reprogramming requests in a timely manner and to provide a
thorough explanation of the proposed reallocations, including a
detailed justification of increases and reductions and the
specific impact of proposed changes on the budget request for
the following fiscal year. Any reprogramming request shall
include any out-year budgetary impacts and a separate
accounting of program or mission impacts on estimated carryover
funds. Reprogramming procedures shall apply to funds provided
in this bill, unobligated balances from previous appropriations
Acts that are available for obligation or expenditure in fiscal
year 2017, and non-appropriated resources such as fee
collections that are used to meet program requirements in
fiscal year 2017.
The Committee expects each agency to manage its programs
and activities within the amounts appropriated by Congress. The
Committee reminds agencies that reprogramming requests should
be submitted only in the case of an unforeseeable emergency or
a situation that could not have been anticipated when
formulating the budget request for the current fiscal year.
Except in emergency situations, reprogramming requests should
be submitted no later than June 30, 2017. Further, the
Committee notes that when a Department or agency submits a
reprogramming or transfer request to the Committees on
Appropriations and does not receive identical responses from
the House and Senate, it is the responsibility of the
Department to reconcile the House and Senate differences before
proceeding and, if reconciliation is not possible, to consider
the request to reprogram funds unapproved.
The Committee would also like to clarify that this section
applies to working capital funds of both HUD and DOT and that
no funds may be obligated from working capital fund accounts to
augment programs, projects or activities for which
appropriations have been specifically rejected by the Congress,
or to increase funds or personnel for any PPA above the amounts
appropriated by this Act.
CONGRESSIONAL BUDGET JUSTIFICATIONS
Budget justifications are the primary tool used by the
House and Senate Committees on Appropriations to evaluate the
resource requirements and fiscal needs of agencies. The
Committee is aware that the format and presentation of budget
materials is largely left to the agency within presentation
objectives set forth by the Office of Management and Budget
(OMB). In fact, OMB Circular A-11, part 1 specifically
instructs agencies to consult with congressional committees
beforehand. The Committee expects that all agencies funded
under this Act will heed this directive.
The Committee expects all of the budget justifications to
provide the data needed to make appropriate and meaningful
funding decisions. The Committee continues the direction that
justifications submitted with the fiscal year 2018 budget
request by agencies funded under this Act contain the customary
level of detailed data and explanatory statements to support
the appropriations requests at the level of detail contained in
the funding table included at the end of this report. Among
other items, agencies shall provide a detailed discussion of
proposed new initiatives, proposed changes in the agency's
financial plan from prior year enactment, detailed data on all
programs, and comprehensive information on any office or agency
restructurings. At a minimum, each agency must also provide
adequate justification for funding and staffing changes for
each individual office and materials that compare programs,
projects, and activities that are proposed for fiscal year 2018
to the fiscal year 2017 enacted levels.
The Committee is aware that the analytical materials
required for review by the Committee are unique to each agency
in this Act. Therefore, the Committee expects that each agency
will coordinate with the House and Senate Committees on
Appropriations in advance on its planned presentation for its
budget justification materials in support of the fiscal year
2018 budget request.
TITLE I--DEPARTMENT OF TRANSPORTATION
Office of the Secretary
SALARIES AND EXPENSES
Appropriation, fiscal year 2016....................... $108,750,000
Budget request, fiscal year 2017...................... 114,396,000
Recommended in the bill............................... 112,000,000
Bill compared with:
Appropriation, fiscal year 2016..................... +3,250,000
Budget request, fiscal year 2017.................... -2,396,000
COMMITTEE RECOMMENDATION
The bill provides $112,000,000 for the salaries and
expenses of the offices comprising the Office of the Secretary
of Transportation (OST). The Committee's recommendation is
$3,250,000 above the 2016 enacted level and $2,396,000 below
the request. The Committee's recommendation includes individual
funding for each of these offices as has been done in prior
years. The following table (dollars in thousands) compares the
fiscal year 2016 enacted level to the fiscal year 2017 budget
request and the Committee's recommendation by office. The
Committee strongly urges the Department to manage hiring and
attrition in 2016 to meet these levels for 2017. Reductions are
also encouraged in the areas of travel and contracts.
----------------------------------------------------------------------------------------------------------------
2016 enacted 2017 request 2017 House Bill
----------------------------------------------------------------------------------------------------------------
Office of the Secretary...................................... $2,734 $2,758 $2,758
Deputy Secretary............................................. 1,025 1,040 1,040
Executive Secretariat........................................ 1,737 1,760 1,760
Under Secretary for Transportation Policy.................... 9,941 11,108 10,033
Small and Disadvantaged Business Utilization................. 1,434 - - - - - -
Intelligence and Security and Emergency Response............. 10,793 11,089 11,089
Chief Information Officer.................................... 16,280 17,084 16,485
General Counsel.............................................. 20,609 20,772 20,772
Assistant Secretary for Government Affairs................... 2,546 2,569 2,546
Assistant Secretary for Budget and Programs.................. 13,697 14,020 14,019
Assistant Secretary for Administration....................... 25,925 30,054 29,356
Public Affairs............................................... 2,029 2,142 2,142
--------------------------------------------------
Total: Salaries and Expenses........................... 108,750 114,396 112,000
----------------------------------------------------------------------------------------------------------------
Immediate Office of the Secretary.--The immediate Office of
the Secretary has primary responsibility to provide overall
planning, direction, and control of departmental affairs.
Immediate Office of the Deputy Secretary.--The Office of
the Deputy Secretary has primary responsibility to assist the
Secretary in the overall planning, direction, and control of
departmental affairs. The Deputy Secretary serves as the chief
operating officer of the Department of Transportation.
Executive Secretariat.--The Executive Secretariat assists
the Secretary and Deputy Secretary in carrying out their
responsibilities by controlling and coordinating internal and
external documents.
Office of Small and Disadvantaged Business Utilization.--
The budget request proposed merging the Office of Small and
Disadvantaged Business Utilization with the appropriation for
Minority Business Outreach to create one office addressing the
needs of these stakeholders. The Committee's recommendation
reflects this reorganization and funds are provided under the
header ``Small and Disadvantaged Business Utilization and
Outreach.''
Office of the Chief Information Officer.--The Office of the
Chief Information Officer serves as the principal advisor to
the Secretary on information resources and information systems
management.
Office of the Assistant Secretary for Governmental
Affairs.--The Office of the Assistant Secretary for
Governmental Affairs is responsible for coordinating all
Congressional, intergovernmental, and consumer activities of
the Department.
The bill continues a provision (Sec. 185) that requires the
Department to notify the Committees on Appropriations no fewer
than three business days before any discretionary grant award,
letter of intent, loan, loan guarantee, line of credit
commitment or full funding grant agreement totaling $1,000,000
or more is announced by the Department or its modal
administrations from: (1) the Federal Highway Administration;
(2) the airport improvement program of the Federal Aviation
Administration; (3) the Federal Railroad Administration; (4)
any program of the Federal Transit Administration other than
the formula grants; (5) the Maritime Administration; and (6)
any grant funded with the National Infrastructure Investments
account. Such notification shall include the date on which the
official announcement of the grant is to be made and no such
announcement shall involve funds that are not available for
obligation. The habit adopted by this Administration of
selecting only certain congressional offices to receive the
benefit of a four day advance notice is disingenuous and
contrary to the spirit of the provision, which was created to
give all offices an equal notice for any award.
Office of the General Counsel.--The Office of the General
Counsel provides legal services to the Office of the Secretary
and coordinates and reviews the legal work of the chief
counsels' offices of the operating administrations.
Office of the Assistant Secretary for Budget and
Programs.--The Assistant Secretary for Budget and Programs is
responsible for developing, reviewing, and presenting budget
resource requirements for the Department to the Secretary,
Congress, and the Office of Management and Budget.
Office of the Assistant Secretary for Administration.--The
Office of the Assistant Secretary for Administration serves as
the principal advisor to the Secretary on department-wide
administrative matters and the responsibilities include
leadership in acquisition reform and human capital.
Office of Public Affairs.--The Office of Public Affairs is
responsible for the Department's press releases, articles,
briefing materials, publications, and audio-visual materials.
Office of Intelligence, Security, and Emergency Response.--
The Office of Intelligence, Security, and Emergency Response is
responsible for intelligence, security policy, preparedness,
training and exercises, national security, and operations.
Office of the Under Secretary of Transportation for
Policy.--The Office of the Under Secretary of Transportation
for Policy serves as the Department's chief policy officer, and
is responsible for the coordination and development of
departmental policy and legislative initiatives; international
standards development and harmonization; aviation and other
transportation-related trade negotiations; the performance of
policy and economic analysis; and the execution of the
Essential Air Service program.
Operating plan.--The Committee directs the Department to
submit an operating plan for fiscal year 2017 signed by the
Secretary for review by the Committees on Appropriations within
60 days of the bill's enactment. The operating plan should
include funding levels for the various offices, programs, and
initiatives detailed down to the object class or program
element covered in the budget justification and supporting
documents, documents referenced in the House and Senate
reports, and the statement of the managers (i.e. not simply the
activities called out in bill language). Should the Department
create, alter, discontinue, or otherwise change any program as
described in the Department's budget justification, those
changes must be a part of the Department's operating plan.
Finally, the Department shall submit with the operating
plan a summary of the DOT reporting requirements contained in
the Act, the House and Senate reports, and the statement of the
managers. The Committee requests a number of reports to gather
information and conduct oversight. The summary should include
Inspector General and Government Accountability Office reports
as well.
Non-motorized traffic fatalities.--Increasing traffic
fatalities among non-motorized road users continues to be a
problem in many areas. Select states have benefited from
targeted technical assistance and training workshops aimed at
updating their standards and practices to meet the needs of all
road users, particularly non-motorized users. The Secretary,
through its Safer People, Safer Streets initiative, is
encouraged to conduct rigorous outreach to states and
Metropolitan Planning Organizations (MPOs) regarding the
availability of such training, with particular focus on states
and MPOs with high rates of non-motorized road user fatalities,
and ensure that such training is provided, to the maximum
extent practicable.
Accessibility performance measures.--The Secretary of
Transportation, in coordination with the Federal Highway
Administration and the Federal Transit Administration, is
encouraged to establish an accessibility performance measure to
be available to states, metropolitan planning organizations,
and transit agencies to assess the degree to which the
transportation system, including public transportation,
provides multimodal connections to economic opportunities,
including job concentration areas, health care services, child
care services, and education and workforce training services,
particularly for disadvantaged populations.
General provisions.--The Committee renews its direction to
justify each general provision proposed either in its relevant
modal congressional justification or in the OST congressional
justification. If the budget proposes to drop or delete a
general provision, the Department is directed to explain the
change as well.
Bill language.--The bill continues language that permits up
to $2,500,000 of fees to be credited to the Office of the
Secretary for salaries and expenses, limits reception and
representation expenses to $60,000, and allows for a transfer
of up to five percent between offices.
RESEARCH AND TECHNOLOGY
Appropriation, fiscal year 2016....................... $13,000,000
Budget request, fiscal year 2017...................... 18,007,000
Recommended in the bill............................... 13,000,000
Bill compared with:
Appropriation, fiscal year 2016..................... - - -
Budget request, fiscal year 2017.................... -5,007,000
The Office of the Assistant Secretary for Research and
Technology coordinates, facilitates, and reviews the
Department's research and development programs and activities;
coordinating and developing positioning, navigation and timing
(PNT) technology; maintaining PNT policy, coordination and
spectrum management; managing the Nationwide Differential
Global Positioning System; and overseeing and providing
direction to the Bureau of Transportation Statistics, the
Intelligent Transportation Systems Joint Program Office, the
University Transportation Centers program, the Volpe National
Transportation Systems Center and the Transportation Safety
Institute.
COMMITTEE RECOMMENDATION
The Committee recommendation provides $13,000,000 for
research and technology activities, $5,007,000 below the budget
request and the same level as fiscal year 2016. The
recommendation does not include funds above the baseline
account level for civil signal monitoring.
NATIONAL INFRASTRUCTURE INVESTMENTS
Appropriation, fiscal year 2016....................... $500,000,000
Budget request, fiscal year 2017...................... 1,250,000,000
Recommended in the bill............................... 450,000,000
Bill compared with:
Appropriation, fiscal year 2016..................... -50,000,000
Budget request, fiscal year 2017.................... -800,000,000
The National Infrastructure Investment program (also known
as TIGER grants) was created in the American Recovery and
Reinvestment Act to provide grants to state and local
governments to improve the Nation's transportation
infrastructure. The infrastructure investment program awards
funds on a competitive basis to grantees selected because of
the significant impact they will have on the Nation, a
metropolitan area, or region.
COMMITTEE RECOMMENDATION
The Committee recommends $450,000,000 for National
Infrastructure Investment grants, $50,000,000 below the 2016
level and $800,000,000 below the request. Funds are
discretionary from the general fund of the Treasury and
available until September 30, 2019.
The Committee provides funds for highway and bridge
projects, transit projects, freight rail projects, and port
infrastructure investments, including land ports of entry--the
most critical areas to preserving, expanding, and improving our
Nation's transportation infrastructure. The bill retains
language directing an equitable distribution of funds and
stipulates that not less than 20 percent of the funds shall be
for projects in rural areas. Further, not more than 20 percent
of the funds may be awarded to projects in a single state. Up
to 20 percent of the funds may be used for the subsidy and
administrative costs of projects eligible for Transportation
Infrastructure Finance and Innovation Act assistance. Bill
language is included to limit grants to a minimum of $5,000,000
and a maximum of $100,000,000 in urban areas, and a minimum of
$1,000,000 in rural areas. The federal share for projects
funded under this header is limited to 80 percent of the
project cost in urban areas, and may exceed 80 percent in rural
areas. The Secretary is directed to give priority to projects
that require a federal contribution to complete overall
financing. All projects must comply with subchapter IV of
chapter 31 of title 40, United States Code. Further, the
Secretary may utilize up to $20,000,000 of the funds available
to fund the oversight and administrative requirements in the
various modes.
High growth areas are challenged by the high costs of
infrastructure to support the growing economy, and often these
areas must provide a local funding match that exceeds the
federal requirement in order to complete transportation
projects. The Committee strongly encourages the Department to
take into consideration population growth, as well as the
expanded port and waterways coming into operation in 2016 and
beyond, and the matching funds when evaluating the impact and
merit of the TIGER grant applications.
NATIONAL SURFACE TRANSPORTATION AND INNOVATIVE FINANCE BUREAU
Appropriation, fiscal year 2016....................... - - -
Budget request, fiscal year 2017...................... $3,000,000
Recommended in the bill............................... 3,000,000
Bill compared with:
Appropriation, fiscal year 2016..................... +3,000,000
Budget request, fiscal year 2017.................... - - -
The National Surface Transportation and Innovative Finance
Bureau will administer and coordinate or consolidate aspects of
the U.S. Department of Transportation's existing surface
transportation innovative finance programs as authorized in
section 9001 of the Fixing America's Surface Transportation
(FAST) Act.
COMMITTEE RECOMMENDATION
The Committee recommendation includes $3,000,000 for the
first year of the newly authorized National Surface
Transportation and Innovative Finance Bureau, the same as the
request.
FINANCIAL MANAGEMENT CAPITAL
Appropriation, fiscal year 2016....................... $5,000,000
Budget request, fiscal year 2017...................... 4,000,000
Recommended in the bill............................... 4,000,000
Bill compared with:
Appropriation, fiscal year 2016..................... -1,000,000
Budget request, fiscal year 2017.................... - - -
The financial management capital program continues funding
beyond the deployment of DOT's multi-year project to upgrade
DOT's financial systems, processes and reporting capabilities.
COMMITTEE RECOMMENDATION
The Committee recommends the budget request of $4,000,000
to complete the Department's financial management upgrade
initiative, $1,000,000 below the prior year's funding level.
This is the last year the Committee will provide funding for
this initiative.
CYBER SECURITY INITIATIVE
Appropriation, fiscal year 2016....................... $8,000,000
Budget request, fiscal year 2017...................... 15,000,000
Recommended in the bill............................... 15,000,000
Bill compared with:
Appropriation, fiscal year 2016..................... +7,000,000
Budget request, fiscal year 2017.................... - - -
The cyber security initiative is an effort to close
performance gaps in the Department's cybersecurity. The
initiative includes support for essential program enhancements,
infrastructure improvements and contractual resources to
enhance the security of the Department's computer network and
reduce the risk of security breaches.
COMMITTEE RECOMMENDATION
The Committee recommendation provides $15,000,000 to
support the Secretary's cyber security initiative, which is
$7,000,000 above the fiscal year 2016 enacted level and the
same as the budget request.
DATA ACT COMPLIANCE
Appropriation, fiscal year 2016....................... - - -
Budget request, fiscal year 2017...................... $4,000,000
Recommended in the bill............................... - - -
Bill compared with:
Appropriation, fiscal year 2016..................... - - -
Budget request, fiscal year 2017.................... -4,000,000
The Digital Accountability and Transparency Act (DATA Act)
(P.L. 113-101) created another set of requirements for agencies
to report financial data.
COMMITTEE RECOMMENDATION
The Committee recommendation does not include specific
funds for DATA Act activities. The Department requested
$4,000,000. The Committee encourages the Department to refine
existing reporting and financial statement capabilities to meet
DATA Act goals without expending significant amounts of
resources.
U.S. DIGITAL SERVICES
Appropriation, fiscal year 2016....................... - - -
Budget request, fiscal year 2017...................... $1,000,000
Recommended in the bill............................... - - -
Bill compared with:
Appropriation, fiscal year 2016..................... - - -
Budget request, fiscal year 2017.................... -1,000,000
The U.S digital services team is requested to provide
private sector best practices in the disciplines of design,
software engineering, and product management to DOT's most
important services in consultation with DOT's Chief Information
Officer.
COMMITTEE RECOMMENDATION
The Committee recommendation does not include funds for the
creation of this new office.
OFFICE OF CIVIL RIGHTS
Appropriation, fiscal year 2016....................... $9,678,000
Budget request, fiscal year 2017...................... 9,751,000
Recommended in the bill............................... 9,751,000
Bill compared with:
Appropriation, fiscal year 2016..................... +73,000
Budget request, fiscal year 2017.................... - - -
The Office of Civil Rights is responsible for advising the
Secretary on civil rights and equal opportunity issues, and
ensuring the full implementation of the civil rights laws and
departmental civil rights policies in all official actions and
programs. This office is responsible for enforcing laws and
regulations that prohibit discrimination in federally operated
and federally assisted transportation programs and enabling
access to transportation providers. The Office of Civil Rights
also handles all civil rights cases affecting Department of
Transportation employees.
COMMITTEE RECOMMENDATION
The Committee recommends $9,751,000 for the Office of Civil
Rights, the same as the budget request and $73,000 more than
the fiscal year 2016 funding level.
TRANSPORTATION PLANNING, RESEARCH, AND DEVELOPMENT
Appropriation, fiscal year 2016....................... $8,500,000
Budget request, fiscal year 2017...................... 17,043,000
Recommended in the bill............................... 12,000,000
Bill compared with:
Appropriation, fiscal year 2016..................... +3,500,000
Budget request, fiscal year 2017.................... -5,043,000
This appropriation finances research activities and studies
related to the planning, analysis, and information development
used in the formulation of national transportation policies and
plans. It also finances the staff necessary to conduct these
efforts. The overall program is carried out primarily through
contracts with other federal agencies, educational
institutions, nonprofit research organizations, and private
firms.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $12,000,000
for transportation planning, research, and development, which
is $3,500,000 above the fiscal year 2016 enacted level and
$5,043,000 below the budget request.
Of the funds provided, the recommendation includes
approximately $7,000,000 for salaries and expenses, and
$3,000,000 to support the permitting dashboard.
Open skies evaluation.--The Committee recommendation
includes $229,000 as requested for international regulatory
cooperation and research/airline alliance research, global
carrier research, the international transportation forum, and a
``best practices''' initiative for implementing open skies
aviation agreements. DOT is to use the funds to conduct
economic analyses and review competition and regulatory
standards, plus any signed agreements, to ensure that U.S.
airlines and consumers realize the benefits of open skies
agreements, but that the agreements are fair, especially as
they relate to low-cost airlines and other emerging
international competitors. Further, the review is to examine
the issues and allegations of whether government subsidies have
resulted in market distortions.
Human trafficking prevention training for airline
personnel.--Human trafficking is often facilitated by use of
commercial air travel, due to its speed and convenience. The
Bureau of Labor Statistics reports that there are 108,510
flight attendants in the U.S. who, if properly trained, can
help law enforcement properly identify suspected victims and
traffickers to intercept and restrict the movement of these
criminal networks. The Committee is concerned about the limited
efficacy of current online training for airline personnel and
encourages DOT to explore broad expert training for airline
training staff at each major airline in the United States,
which would include participation from trafficking survivors to
help better understand the needs of victims.
WORKING CAPITAL FUND
Appropriation, fiscal year 2016....................... $190,039,000
Budget request, fiscal year 2017...................... - - -
Recommended in the bill............................... 190,389,000
Bill compared with:
Appropriation, fiscal year 2016..................... +350,000
Budget request, fiscal year 2017.................... +190,389,000
The working capital fund was created to provide common
administrative services to the operating administrations and
outside entities that contract for the fund's services. The
working capital fund operates on a fee-for-service basis and
receives no direct appropriations; it is fully self-sustaining
and must achieve full cost recovery.
COMMITTEE RECOMMENDATION
The Committee recommends a limitation of $190,389,000 on
the Working Capital Fund (WCF), an increase of $350,000 over
the limit set in 2016. The Administration did not propose a WCF
legislative limitation. The Committee continues to stipulate
that the limitation is only for services provided to the
Department of Transportation, not other entities. Further, the
Committee directs that, as much as possible, services shall be
provided on a competitive basis.
MINORITY BUSINESS RESOURCE CENTER PROGRAM
------------------------------------------------------------------------
Limitation on
Appropriation guaranteed
loans
------------------------------------------------------------------------
Appropriation, fiscal year 2016....... $933,000 ($18,367,000)
Budget request, fiscal year 2017...... 941,000 - - -
Recommended in the bill............... 941,000 (18,367,000)
Bill compared with:
Appropriation, fiscal year 2016..... +8,000 - - -
Budget request, fiscal year 2017.... - - - (+18,367,000)
------------------------------------------------------------------------
Through the short term lending program, the minority
business resource center assists disadvantaged, minority, and
women-owned businesses with obtaining short-term working
capital for DOT and DOT-funded transportation-related
contracts. The program enables qualified businesses to obtain
loans at two percentage points above the prime interest rate
with DOT guaranteeing up to 75 percent of the loan.
COMMITTEE RECOMMENDATION
The Committee recommends a total of $941,000 for the
resource center, the same as the budget request and $8,000 more
than the 2016 amounts. Of the funds provided, $339,000 is to
cover the subsidy costs of guaranteed loans and $602,000 is for
administrative expenses to carry out the guaranteed loan
program. The Committee recommends a limitation on guaranteed
loans of $18,367,000, the same as the limitation in fiscal year
2016.
SMALL AND DISADVANTAGED BUSINESS UTILIZATION AND OUTREACH
Appropriation, fiscal year 2016\1\.................... $4,518,000
Budget request, fiscal year 2017...................... 4,646,000
Recommended in the bill............................... 4,646,000
Bill compared with:
Appropriation, fiscal year 2016..................... +128,000
Budget request, fiscal year 2017.................... - - -
\1\The total of the fiscal year appropriations for Small and
Disadvantaged Business Utilization ($1,434,000) and Minority Business
Outreach ($3,084,000).
The fiscal year 2017 budget proposes to merge the salaries
and expenses of the Office of Small and Disadvantaged Business
Utilization with the minority business outreach program to
provide contractual support to small and disadvantaged
businesses and provide information dissemination and technical
and financial assistance to empower those businesses to compete
for contracting opportunities with DOT and DOT-funded contracts
or grants for transportation-related projects.
COMMITTEE RECOMMENDATION
The Committee recommends the budget request of $4,646,000
for small and disadvantaged business utilization and outreach,
which is $128,000 more than the 2016 level.
The Committee encourages the Department to partner with
Hispanic-serving institutions and historically black colleges
and universities for research and information dissemination
with regards to minority owned businesses.
PAYMENTS TO AIR CARRIERS
(AIRPORT AND AIRWAY TRUST FUND)
Appropriation, fiscal year 2016....................... $175,000,000
Budget request, fiscal year 2017...................... 150,000,000
Recommended in the bill............................... 150,000,000
Bill compared with:
Appropriation, fiscal year 2016..................... -25,000,000
Budget request, fiscal year 2017.................... - - -
The Essential Air Service program (EAS) was created by the
Airline Deregulation Act of 1978 as a ten-year measure to
continue air service to communities that had received air
service prior to deregulation. The program currently provides
subsidies to air carriers serving small communities that meet
certain criteria.
The Federal Aviation Administration Reauthorization Act of
1996 authorized the collection of ``overflight fees''.
Overflight fees are a type of user fee collected by the Federal
Aviation Administration (FAA) from aircraft that neither take
off from, nor land in, the United States. The FAA Modernization
and Reform Act of 2012 increased the authorized level of
overflight fee collection, and increased the amount that the
Department can apply to the EAS program. The budget request
estimates that fee will provide $104,239,000 for the EAS
program in fiscal year 2017.
COMMITTEE RECOMMENDATION
For fiscal year 2017, the Committee includes $150,000,000
in discretionary funding for the EAS program, which is
$25,000,000 below the fiscal year 2016 enacted level and the
same as the budget request. This funding level is sufficient to
continue service to all eligible EAS communities.
The following table shows the discretionary, mandatory, and
total program levels for the EAS program:
----------------------------------------------------------------------------------------------------------------
Appropriation Mandatory Total program
----------------------------------------------------------------------------------------------------------------
FY 2016 Enacted................................................. $175,000,000 $108,000,000 $283,000,000
FY 2017 Request................................................. 150,000,000 104,000,000 254,000,000
Committee Recommendation........................................ 150,000,000 104,000,000 254,000,000
----------------------------------------------------------------------------------------------------------------
The Committee remains concerned about the growing costs
associated with the EAS program. While limiting the program to
current sites and eliminating the requirement that EAS carriers
utilize 15-passenger aircraft have helped mitigate some of the
cost growth, the Committee believes that the Department should
continue to explore reforms to the program that will create
greater competition among carriers and control overall costs.
The Committee directs the Department to utilize all the
overflight fees collected for this program to alleviate the
discretionary funding requirement for the program.
ADMINISTRATIVE PROVISIONS--OFFICE OF THE SECRETARY OF TRANSPORTATION
Section 101. The Committee continues the provision
prohibiting the Office of the Secretary of Transportation from
approving assessments or reimbursable agreements pertaining to
funds appropriated to the operating administrations in this
Act, unless such assessments or agreements have completed the
normal reprogramming process for Congressional notification.
Section 102. The Committee continues the provision allowing
the Department to use the Working Capital Fund to provide
transit benefits to Federal employees.
Section 103. The Committee continues the provision
regarding administrative requirements of DOT's Credit Council.
Federal Aviation Administration
The Federal Aviation Administration (FAA) is responsible
for the safety and development of civil aviation and for the
evolution of a national system of airports. The federal
government's regulatory role in civil aviation began with the
creation of an Aeronautics Branch within the Department of
Commerce pursuant to the Air Commerce Act of 1926. This Act
instructed the Secretary of Commerce to foster air commerce;
designate and establish airways; establish, operate, and
maintain aids to navigation; arrange for research and
development to improve such aids; issue airworthiness
certificates for aircraft and major aircraft components; and
investigate civil aviation accidents. In the Civil Aeronautics
Act of 1938, these activities were subsumed into a new,
independent agency named the Civil Aeronautics Authority.
After further administrative reorganizations, Congress
streamlined regulatory oversight in 1957 with the creation of
two separate agencies, the Federal Aviation Agency and the
Civil Aeronautics Board. When the Department of Transportation
began its operations on April 1, 1967, the Federal Aviation
Agency was renamed the Federal Aviation Administration (FAA),
and became one of several modal administrations within the
department. The Civil Aeronautics Board was later phased out
with enactment of the Airline Deregulation Act of 1978, and
ceased to exist at the end of 1984. FAA's mission expanded in
1995 with the transfer of the Office of Commercial Space
Transportation from the Office of the Secretary, and contracted
in December 2001 with the transfer of civil aviation security
activities to the new Transportation Security Administration.
OPERATIONS
(AIRPORT AND AIRWAY TRUST FUND)
Appropriation, fiscal year 2016....................... $9,909,724,000
Budget request, fiscal year 2017...................... 9,994,352,000
Recommended in the bill............................... 9,994,352,000
Bill compared with:
Appropriation, fiscal year 2016..................... +84,628,000
Budget request, fiscal year 2017.................... - - -
This appropriation provides funds for the operation,
maintenance, communications, and logistical support of the air
traffic control and air navigation systems. It also covers
administrative and managerial costs for the FAA's regulatory,
international, medical, engineering and development programs as
well as policy oversight and overall management functions.
The operations appropriation includes the following major
activities: (1) operation on a 24-hour daily basis of a
national air traffic system; (2) establishment and maintenance
of a national system of aids to navigation; (3) establishment
and surveillance of civil air regulations to ensure safety in
aviation; (4) development of standards, rules and regulations
governing the physical fitness of airmen, as well as the
administration of an aviation medical research program; (5)
administration of the acquisition, and research and development
programs; (6) headquarters, administration, and other staff
offices; and (7) development, printing, and distribution of
aeronautical charts used by the flying public.
COMMITTEE RECOMMENDATION
The Committee recommends $9,994,352,000 for FAA operations,
which is $84,628,000 above the fiscal year 2016 enacted level
and the same as the budget request.
The following table shows a comparison of the fiscal year
2016 enacted level, the budget request, and the Committee
recommendation by budget activity:
----------------------------------------------------------------------------------------------------------------
FY 2016 FY 2017 Committee
enacted request recommendation
----------------------------------------------------------------------------------------------------------------
Air traffic organization..................................... 7,505,293,000 7,539,785,000 7,539,785,000
Aviation safety.............................................. 1,258,411,000 1,286,982,000 1,291,982,000
Commercial space transportation.............................. 17,800,000 19,826,000 19,826,000
Finance and management....................................... 760,500,000 771,342,000 770,342,000
NextGen...................................................... 60,089,000 60,155,000 60,155,000
Security and Hazardous Materials Safety...................... 100,880,000 107,161,000 107,161,000
Staff offices................................................ 206,751,000 209,101,000 205,101,000
--------------------------------------------------
Total.................................................... 9,909,724,000 9,994,352,000 9,994,352,000
----------------------------------------------------------------------------------------------------------------
Justification of general provisions.--The Committee
continues its direction to provide a justification for each
general provision proposed in the FAA budget, and therefore
expects the fiscal year 2018 budget to include adequate
information on each proposed general provision.
TRUST FUND SHARE OF FAA BUDGET
The bill derives $9,049,000,000 of the total operations
appropriation from the Airport and Airway Trust Fund. The
balance of the appropriation, $945,352,000, will be drawn from
the general fund of the Treasury.
AIR TRAFFIC ORGANIZATION
The bill provides $7,539,785,000 for the air traffic
organization, which is $34,492,000 above the 2016 enacted level
and the same as the budget request.
Contract tower program.--The Committee recommendation
includes $159,000,000 for the contract tower program, including
the contract tower cost-share program. The Committee continues
to support the program as a safe, cost-efficient mechanism for
providing air traffic services to pilots and local communities.
Chicago O'Hare International Airport.--The Committee
directs the FAA to continue to work expeditiously to identify
appropriate short and long term mitigation measures to address
local concerns that have been raised as a result of the O'Hare
Modernization Program at Chicago O'Hare International Airport.
The FAA is expected to provide a progress report on these
measures to the Committee within 90 days of enactment of this
Act.
Contract weather observers.--Prior to eliminating the
Contract Weather Observer (CWO) program, the Committee directs
FAA to undertake a comprehensive study, with public and
stakeholder input, and issue a report examining safety risks,
hazard effects, efficiency, and operational effects on
airports, airlines, and other stakeholders that could result
from loss of CWO service at the 57 airports that are being
evaluated for potential conversion from the loss of service.
The FAA is directed to provide this report to House and Senate
Committees on Appropriations immediately upon its completion.
The Committee understands that this initiative could result in
tangible savings in the operations account. The Committee
therefore emphasizes that this direction should not preclude
FAA from proceeding with this initiative for certain locations
in fiscal year 2017 should it meet the above conditions for
public outreach and analysis.
Controller staffing.--The Committee notes FAA's inability
to develop reliable numbers on how many controllers it needs
and urges FAA to address the current staffing challenges as
illustrated by a recent Inspector General (IG) report on the
Nation's most critical facilities. The staffing challenges at
FAA facilities are longstanding and are the result of many
factors, including lack of management attention and an outdated
staffing model for en route facilities. The Committee directs
FAA to develop a plan for developing an updated controller
staffing model for en route centers no later than 120 days
after enactment. The IG also found that FAA facility managers
could be more effective and bring about much needed efficiency
gains through the use of commercially available scheduling
tools. The Committee directs the IG to assess FAA's progress
adopting and implementing scheduling tools and determine
whether benefits are being realized by air traffic managers,
particularly at the most active facilities.
Maintenance technician staffing and training.--During the
summer of 2015, the En Route Automation Modernization system
(ERAM) at Washington Center suffered a software malfunction
which disrupted air travel all along the East Coast for several
days. FAA's after-action reports raised important concerns
about the training and staffing of the maintenance workforce.
The Committee is concerned this important workforce has not
received the attention it deserves over the years. The
Committee directs the IG to assess FAA's plans and strategy for
the hiring and placement of maintenance technicians and whether
the FAA Academy effectively trains this important workforce.
Allergic reactions aboard aircraft.--The Committee directs
the FAA to review its policies concerning severe allergic
reactions aboard aircraft and submit a report within 90 days of
enactment detailing: the reporting requirements for airlines
when an allergic reaction occurs, the data collection standards
for such a report, and the number of reports in the past year.
AVIATION SAFETY
The Committee provides $1,291,982,000 for aviation safety,
which is $33,571,000 above the fiscal year 2016 enacted level
and $5,000,000 above the budget request.
The Committee continues its direction requiring the
Secretary to provide annual reports regarding the use of the
funds provided, including, but not limited to, the total full-
time equivalent staff years in the offices of aircraft
certification and flight standards, total employees, vacancies,
and positions under active recruitment.
Aircraft certification.--The Committee provides
$228,700,000 for the Aircraft Certification Service, an
increase of $6,364,000 over the fiscal year 2016 enacted level
and $2,000,000 above the request. The Committee directs FAA to
utilize the additional resources to better utilize Organization
Delegation Authorization (ODA), and to better focus on cutting
edge technologies and aviation product innovations. Further,
according to the Inspector General, FAA does not have a full
understanding of its staffing requirements to provide oversight
of the ODA program. This is a significant and basic program
management issue that needs urgent attention. The IG made
recommendations related to improving FAA's staffing process,
developing better risk-based oversight tools, and assessing the
effectiveness of training, and FAA has acknowledged these
recommendations and is in the process of developing a new
oversight process. The Committee directs FAA to provide a
status report regarding its efforts to improve ODA oversight
processes, including its progress addressing the IG's
recommendations.
Unmanned aircraft systems (UAS).--The Committee provides
$15,185,000 for the Office of Unmanned Aircraft Systems
Integration, an increase of $3,000,000 above the budget
request. This increase is provided to help FAA accelerate its
efforts to safely integrate UAS into the national airspace.
UAS research plan.--The FAA Modernization Act of 2012
required FAA to submit a comprehensive plan for the integration
of unmanned aircraft systems (UAS) into the national airspace.
Although the agency did submit a plan in 2014, Congress has
expressed concern over its lack of detail, resource
requirements, and timelines. The Committee believes FAA,
working in concert other agencies, needs to produce a
comprehensive plan identifying the research needed for full UAS
integration. FAA currently does not have a plan for beyond
visual line of sight (BVLOS) integration, nor has it
articulated the data needed to support the development of BVLOS
standards. The Committee believes FAA needs to identify the
research and data required for full integration, create a test
and evaluation master plan with the number and types of flight
tests required, identify the resources and planned schedule for
critical research, and show how the results will be used in the
standards-setting process. The Committee therefore directs FAA
to submit to the House and Senate Committees on Appropriations
a comprehensive plan for research supporting full integration
of unmanned aircraft systems no later than 180 days after
enactment.
Harmonizing flight data and cockpit voice recorder
regulations.--The Committee understands that automatic
deployable flight recorders are among the acceptable
technologies that meet new International Civil Aviation
Organization requirements. The Committee is concerned that the
corresponding Federal Aviation Regulations (FAR) for Cockpit
Voice and Flight Data Recorders have not been harmonized to
reflect the allowed use of automatic deployable flight
recorders, resulting in uncertain certification requirements
for aircraft manufacturers and airlines wishing to voluntarily
install deployable flight recorders. The Committee encourages
the FAA to ensure all necessary U.S. regulations are formally
updated to enable the voluntary use of FAA approved deployable
flight recorder technology without the need for an applicant to
file for an equivalent level of safety (ELS) to meet applicable
recorder FARs.
FAA inspectors and repair station oversight.--The Office of
Inspector General has reported that FAA transferred its foreign
repair station oversight duties without fully evaluating
foreign authority oversight capabilities. The Committee is
concerned that FAA is expanding its use of aviation safety
agreements without sufficient planning. FAA is directed to
provide the Committee with a report on the steps it takes
before it relinquishes oversight responsibilities to foreign
authorities to ensure the entities have the resources and
expertise to conduct oversight.
Human Intervention Motivation Study (HIMS) and the Flight
Attendant Drug and Alcohol Program (FADAP).--The Committee
recognizes the effectiveness of the Human Intervention
Motivation Study (HIMS) and the Flight Attendant Drug and
Alcohol Program (FADAP) in mitigating drug and alcohol abuse
through a peer identification and intervention program. The
Committee recommends that FAA continue to prioritize this
program and urges FAA to continue this program within available
resources.
COMMERCIAL SPACE TRANSPORTATION
The Committee recommends the budget request of $19,826,000
for the Office of Commercial Space Transportation, which is
$2,026,000 above the fiscal year 2016 enacted level.
Hiring.--The recommended funding level will allow the
Office of Commercial Space Transportation to add operational
personnel to support an increased level of activity in its
licensing, permitting and safety inspection functions. The
Committee notes that the budget request includes a twenty
percent growth in personnel in this office above the fiscal
year 2016 personnel level. The Committee believes that the
office should be able to judiciously hire critical operational
staff within the amounts provided.
Space Launch System.--The Committee commends the FAA Office
of Commercial Space Transportation's efforts to promote private
sector lunar exploration and development, which may require the
use of heavy-lift launching capability, such as the Space
Launch System. Specifically, in collaboration with the
Commercial Space Transportation Advisory Committee, the
Committee encourages the FAA to explicitly define non-
interference and to enhance its payload review process to
provide companies planning private sector lunar development
with the security and predictability necessary to support
substantial investments.
FINANCE AND MANAGEMENT
The Committee recommends $770,342,000 for finance and
management activities, which is $9,842,000 above the fiscal
year 2016 enacted level and $1,000,000 below the request.
Workforce diversity.--The Committee directs FAA to continue
to update the House and Senate Committees on Appropriations on
the diversity of the controller workforce. The Committee notes
that revised hiring procedures yielded a class of developmental
controllers that represent a more diverse demographic. The
Committee remains interested in the success of these new
controllers, and requests a briefing on their progress no later
than 180 days after enactment.
NEXTGEN AND OPERATIONS PLANNING
The Committee recommends $60,155,000 for NextGen and
Operations Planning, which is $66,000 above the fiscal year
2016 enacted level and the same as the budget request.
SECURITY AND HAZARDOUS MATERIALS SAFETY
The Committee recommends $107,161,000 for Security and
Hazardous Materials Safety, which is $6,281,000 above the
fiscal year 2016 enacted level and the same as the budget
request.
STAFF OFFICES
The Committee recommends $205,101,000 for Staff Offices,
which is $1,650,000 below the fiscal year 2016 enacted level
and $4,000,000 below the budget request. The Committee urges
FAA to continue to prioritize its ongoing study of the 65 day-
night average sound level (DNL) to determine whether it is the
correct standard. The Committee expects regular updates on this
study.
BILL LANGUAGE
Second career training program.--The bill retains language
prohibiting the use of funds for the second career training
program. This prohibition has been in annual appropriations
Acts for many years, and is included in the President's budget
request.
Aviation user fees.--The bill includes a limitation carried
for several years prohibiting funds from being used to finalize
or implement any new unauthorized user fees.
Aeronautical charting and cartography.--The bill maintains
the provision prohibiting funds in this Act from being used to
conduct aeronautical charting and cartography (AC&C) activities
through the working capital fund (WCF).
Credits.--The bill includes language allowing funds
received from specified public, private, and foreign sources
for expenses incurred to be credited to the appropriation.
FACILITIES AND EQUIPMENT
(AIRPORT AND AIRWAY TRUST FUND)
Appropriation, fiscal year 2016....................... $2,855,000,000
Budget request, fiscal year 2017...................... 2,838,000,000
Recommended in the bill............................... 2,838,000,000
Bill compared with:
Appropriation, fiscal year 2016..................... -17,000,000
Budget request, fiscal year 2017.................... - - -
The Facilities and Equipment (F&E) account is the principal
means for modernizing and improving air traffic control and
airway facilities. The appropriation also finances major
capital investments required by other agency programs,
experimental research and development facilities, and other
improvements to enhance the safety and capacity of the airspace
system.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $2,838,000,000
for the FAA's facilities and equipment program. This level is
$17,000,000 below the level provided in fiscal year 2016 and
the same as the budget request. The bill provides that, of the
total amount recommended, $2,352,000,000 is available for
obligation until September 30, 2019, and $486,000,000 (the
amount for personnel and related expenses) is available until
September 30, 2018. These obligation availabilities are
consistent with past appropriations Acts.
The following table provides funding levels for facilities
and equipment activities and budget line items.
------------------------------------------------------------------------
FY 2017
Program request Recommendation
------------------------------------------------------------------------
Activity 1--Engineering, Development,
Test and Evaluation:
Advanced Technology Development 24,800,000 24,800,000
and Prototyping..................
William J. Hughes Technical Center 1,000,000 1,000,000
Laboratory Improvement...........
William J. Hughes Technical Center 19,000,000 19,000,000
Laboratory Sustainment...........
William J. Hughes Technical Center 12,200,000 12,200,000
Infrastructure Sustainment.......
Separation Management Portfolio... 25,800,000 27,800,000
Improved Surface Portfolio........ 2,000,000 2,000,000
On Demand NAS Portfolio........... 8,500,000 11,500,000
Improved Multiple Runway 6,500,000 6,500,000
Operations Portfolio.............
NAS Infrastructure Portfolio...... 17,660,000 17,660,000
NextGen Support Portfolio......... 12,000,000 12,000,000
Performance Based Navigation & 17,500,000 17,500,000
Metroplex Portfolio..............
---------------------------------
TOTAL ACTIVITY 1.............. 146,960,000 151,960,000
Activity 2-- Air Traffic Control
Facilities and Equipment:
a. En Route Programs
En Route Automation Modernization
(ERAM)...........................
En Route Automation Modernization 78,000,000 78,000,000
(ERAM)--System Enhancements and
Tech Refresh.....................
En Route Communications Gateway 2,650,000 2,650,000
(ECG)............................
Next Generation Weather Radar 6,300,000 6,300,000
(NEXRAD)--Provide................
Air Route Traffic Control Center 74,870,000 74,870,000
(ARTCC) & Combined Control
Facility (CCF) Building
Improvements.....................
Air Traffic Management (ATM)...... 20,000,000 20,000,000
Air/Ground Communications 8,750,000 8,750,000
Infrastructure...................
Air Traffic Control En Route Radar 5,800,000 5,800,000
Facilities Improvements..........
Voice Switching and Control System 11,300,000 11,300,000
(VSCS)...........................
Oceanic Automation System......... 24,000,000 24,000,000
Next Generation Very High 50,500,000 50,500,000
Frequency Air/Ground
Communications (NEXCOM)..........
System-Wide Information Management 28,800,000 28,800,000
ADS-B NAS Wide Implementation..... 31,100,000 154,800,000
Windshear Detection Service....... 4,500,000 4,500,000
Collaborative Air Traffic 13,820,000 13,820,000
Management Technologies..........
Time Based Flow Management 50,600,000 50,600,000
Portfolio........................
ATC Beacon Interrogator (ATCBI)-- 1,000,000 1,000,000
Sustainment......................
NextGen Weather Processors........ 27,800,000 27,800,000
Airborne Collision Avoidance 8,900,000 8,900,000
System X (ACASX).................
Data Communications in Support of 232,000,000 232,000,000
NG Air Transportation System.....
Non-Continental United States (Non- 3,000,000 3,000,000
CONUS) Automation................
---------------------------------
Subtotal En Route Programs.... 683,690,000 807,390,000
b. Terminal Programs
Airport Surface Detection 8,400,000 8,400,000
Equipment--Model X (ASDE-X)......
Terminal Doppler Weather Radar 5,000,000 5,000,000
(TDWR)--Provide..................
Standard Terminal Automation 64,200,000 64,200,000
Replacement System (STARS) (TAMR
Phase 1).........................
Terminal Automation Modernization/ 108,900,000 108,900,000
Replacement Program (TAMR Phase
3)...............................
Terminal Automation Program....... 7,700,000 7,700,000
Terminal Air Traffic Control 58,800,000 58,800,000
Facilities--Replace..............
ATCT/Terminal Radar Approach 47,720,000 47,720,000
Control (TRACON) Facilities--
Improve..........................
Terminal Voice Switch Replacement 6,000,000 6,000,000
(TVSR)...........................
NAS Facilities OSHA and 42,700,000 42,700,000
Environmental Standards
Compliance.......................
Airport Surveillance Radar (ASR 9) 4,500,000 4,500,000
Terminal Digital Radar (ASR 11) 6,100,000 6,100,000
Technology Refresh and Mobile
Airport Surveillance Radar (MASR)
Runway Status Lights.............. 4,800,000 4,800,000
National Airspace System Voice 48,400,000 48,400,000
System (NVS).....................
Integrated Display System (IDS)... 7,700,000 7,700,000
Remote Monitoring and Logging 9,900,000 9,900,000
System (RMLS)....................
Mode S Service Life Extension 37,900,000 37,900,000
Program (SLEP)...................
Surveillance Interface 26,800,000 26,800,000
Modernization....................
Improved Surface/TFDM Portfolio... 42,200,000 42,200,000
National Air Space (NAS) Voice 2,000,000 2,000,000
Recorder Program (NVRP)..........
Integrated Terminal Weather System 1,000,000 1,000,000
(ITWS)...........................
Next Generation: Surveillance and 6,000,000 6,000,000
Weather Radar Capability & Back-
up Surveillance Capability.......
Flight and Interfacility Data 15,000,000 15,000,000
Interface (FIDI) Modernization...
---------------------------------
Subtotal Terminal Programs.... 561,720,000 561,720,000
c. Flight Service Programs
Aviation Surface Observation 10,000,000 10,000,000
System (ASOS)....................
Future Flight Services Program.... 3,000,000 3,000,000
Alaska Flight Service Facility 2,650,000 2,650,000
Modernization (AFSFM)............
Weather Camera Program............ 2,200,000 2,200,000
---------------------------------
Subtotal Flight Service 17,850,000 17,850,000
Programs.....................
d. Landing and Navigational Aids
Program
VHF Omnidirectional Radio Range 7,000,000 7,000,000
(VOR) with Distance Measuring
Equipment (DME)..................
Instrument Landing System (ILS)-- 7,000,000 7,000,000
Establish........................
Wide Area Augmentation System 85,000,000 111,600,000
(WAAS) for GPS...................
Runway Visual Range (RVR) and 6,500,000 6,500,000
Enhanced Low Visibility
Operations (ELVO)................
Approach Lighting System 3,000,000 3,000,000
Improvement Program (ALSIP)......
Distance Measuring Equipment (DME) 3,000,000 3,000,000
Visual NAVAIDS--Establish/Expand.. 2,000,000 2,000,000
Instrument Flight Procedures 9,400,000 9,400,000
Automation (IFPA)................
Navigation and Landing Aids-- 3,000,000 3,000,000
Service Life Extension Program
(SLEP)...........................
VASI Replacement--Replace with 5,000,000 5,000,000
Precision Approach Path Indicator
Runway Safety Areas--Navigational 14,000,000 14,000,000
Mitigation.......................
Integrated Control and Monitoring 2,000,000 2,000,000
System (ICMS)--NAVAIDS Monitoring
Equipment........................
---------------------------------
Subtotal Landing and 146,900,000 173,500,000
Navigational Aids Programs...
e. Other ATC Facilities Programs
Fuel Storage Tank Replacement and 22,700,000 20,700,000
Management.......................
Unstaffed Infrastructure 40,490,000 40,490,000
Sustainment......................
Aircraft Related Equipment Program 13,000,000 13,000,000
Airport Cable Loop Systems-- 8,000,000 8,000,000
Sustained Support................
Alaskan Satellite 6,000,000 6,000,000
Telecommunications Infrastructure
(ASTI)...........................
Facilities Decommissioning........ 6,200,000 6,200,000
Electrical Power Systems--Sustain/ 105,000,000 105,000,000
Support..........................
Energy Management and Compliance 2,000,000 2,000,000
(EMC)............................
Child Care Center Sustainment..... 1,000,000 1,000,000
FAA Telecommunications 10,360,000 10,360,000
Infrastructure...................
System Capacity, Planning, and 6,500,000 6,500,000
Improvements.....................
---------------------------------
Subtotal Other ATC Facilities 221,250,000 219,250,000
Programs.....................
---------------------------------
TOTAL ACTIVITY 2.......... 1,631,410,000 1,779,710,000
Activity 3--Non-Air Traffic Control
Facilities and Equipment:
a. Support Equipment
Hazardous Materials Management.... 31,000,000 31,000,000
Aviation Safety Analysis System 11,300,000 11,300,000
(ASAS)...........................
National Air Space (NAS) Recovery 12,000,000 12,000,000
Communications (RCOM)............
Facility Security Risk Management. 21,000,000 21,000,000
Information Security.............. 24,970,000 24,970,000
System Approach for Safety 17,200,000 17,200,000
Oversight (SASO).................
Aviation Safety Knowledge 4,200,000 4,200,000
Management Environment (ASKME)...
Aerospace Medical Equipment Needs 3,000,000 3,000,000
(AMEN)...........................
System Safety Management Portfolio 17,000,000 17,000,000
National Test Equipment Program... 5,000,000 5,000,000
Mobile Assets Management Program.. 5,760,000 5,760,000
Aerospace Medicine Safety 12,000,000 12,000,000
Information Systems (AMSIS)......
Tower Simulation System (TSS) 3,000,000 3,000,000
Technology Refresh...............
---------------------------------
Subtotal Support Equipment.... 167,430,000 167,430,000
b. Training, Equipment and Facilities
Aeronautical Center Infrastructure 14,000,000 14,000,000
Modernization....................
Distance Learning................. 1,500,000 1,500,000
---------------------------------
Subtotal Training, Equipment 15,500,000 15,500,000
and Facilities...............
---------------------------------
TOTAL ACTIVITY 3.......... 182,930,000 182,930,000
Activity 4--Facilities and Equipment
Mission Support:
a. System Support and Services
System Engineering and Development 35,000,000 35,000,000
Support..........................
Program Support Leases............ 46,600,000 46,600,000
Logistics and Acquisition Support 11,000,000 11,000,000
Services.........................
Mike Monroney Aeronautical Center 19,300,000 19,300,000
Leases...........................
Transition Engineering Support.... 24,100,000 24,100,000
Technical Support Services 23,000,000 23,000,000
Contract (TSSC)..................
Resource Tracking Program (RTP)... 6,000,000 6,000,000
Center for Advanced Aviation 60,000,000 60,000,000
System Development (CAASD).......
Aeronautical Information 10,400,000 10,400,000
Management Program...............
Cross Agency NextGen Management... 2,000,000 2,000,000
---------------------------------
TOTAL ACTIVITY 4.............. 237,400,000 237,400,000
Activity 5--Personnel and Related
Expenses:
Personnel and Related Expenses.... 489,000,000 486,000,000
Activity 6--Sustain ADS-B services and
Wide Area Augmentation Services
(WAAS) GEOs:
ADS-B services and WAAS GEOs...... 150,300,000 *- - -
---------------------------------
SUB-TOTAL ALL ACTIVITIES.. 2,838,000,000 2,838,000,000
------------------------------------------------------------------------
*The service support for ADS-B and WAAS GEOs are funded in their
respective programmatic lines in Activity 2.
Alignment of pre-implementation and established programs.--
The Committee notes that the FAA requested funding for
Performance Based Navigation and Metroplex Portfolio under
Activity 1, even though most of the funding would support
activities that are a part of a well-established program and
could not be considered ``pre-implementation.'' The
congressional justifications include important details on
complex programs at the FAA, and this material should be
presented clearly and accurately. The Committee therefore
directs the FAA to ensure that its fiscal year 2018 budget
request includes funding for pre-implementation activities only
under Activity 1 and for established programs only under
Activity 2.
Space-based automatic dependent surveillance-broadcast
(ADS-B).--The Committee provides $27,800,000 for Separation
Management Portfolio, a decrease of $3,700,000 below the fiscal
year 2016 enacted level and an increase of $2,000,000 above the
budget request. The increase above the request is provided to
advance efforts related to space-based ADS-B to ensure FAA
keeps pace with global developments in air traffic technology.
The Committee notes that in fiscal years 2015 and 2016, it
provided $22,500,000 to advance FAA's efforts to integrate
space-based ADS-B into the national airspace to ensure FAA
keeps pace with global developments in air traffic technology.
Of these funds, over $20,000,000 remains unobligated. The
Committee is aware that the FAA is postponing key decisions
that will delay its schedule for space-based ADS-B and reduced
oceanic aircraft separation. Despite delays by the FAA, the
international aviation community is preparing to be able to use
space-based ADS-B in 2018. The International Civil Aviation
Organization (ICAO) is in the process of approving a 15/15
nautical mile separation standard for oceanic traffic under
surveillance for use in 2018, and foreign air navigation
service providers (ANSP) in neighboring airspace are taking the
necessary steps to implement the ICAO reduced oceanic
separation standard in 2018. In order to increase safety and
enhance efficiency in US-controlled oceanic airspace in the
same timeframe as neighboring ANSPs, the Committee directs the
FAA to streamline its current strategy by making a final
investment decision expeditiously to implement a 15/15 nautical
mile oceanic separation capability and provide this new
surveillance capability in the same manner that terrestrial
ADS-B surveillance is provided.
Cyber testbed.--The recommendation includes $11,500,000 for
``On Demand NAS Portfolio'', an increase of $500,000 above the
fiscal year 2016 enacted level and a $3,000,000 increase above
the budget request. The Committee directs FAA to use the funds
provided above the budget request to continue to develop and
implement an integrated Cyber Testbed at the FAA Technical
Center to ensure that modernization programs are compliant with
FAA data security regulations before entering the national
airspace. The testbed will perform active and conceptual threat
testing of vulnerabilities of cabin communications,
entertainment, and information technology systems on civil
passenger aircraft, and will incorporate cybersecurity threat
modeling.
Performance-based navigation.--The Committee recognizes
that Performance Based Navigation (PBN) is the essential
stepping stone to NextGen, and a top investment priority for
the NextGen Advisory Committee. However, as the Inspector
General has reported, the lack of automated controller tools to
manage and sequence aircraft remains a barrier to maximizing
benefits from new PBN routes. The Inspector General highlighted
that while FAA deployed an automation tool to help controllers
optimize PBN operations at high altitudes, it has not
effectively managed the implementation of the tool or made it a
priority. Moreover, it is unclear when the new Terminal
Sequencing and Spacing Tool can be implemented at the Nation's
most active airports. The Committee directs FAA to provide a
report on the automation improvements to-date and actions still
needed, as well as the status of deploying the Terminal
Sequencing and Spacing tool at the Nation's most active
airports.
Next generation weather radar.--The Committee supports
FAA's efforts to begin analyzing and developing a strategy for
replacing radars that are 20 to 40 years old. The Committee
recognizes the importance of this effort but it also reflects a
down payment on a potentially larger program with significant
budgetary implications. The Committee directs the Inspector
General to examine whether FAA is effectively leveraging work
conducted by other federal agencies to reduce development costs
and risk, and how this new radar system fits into FAA's
existing plans for NextGen.
Terminal airport traffic control facilities-replace.--The
Committee notes that there are some contract towers that are
more than forty years of age, are non-compliant with OSHA
standards, and have line of sight issues that adversely affect
air traffic control safety. The Committee directs the FAA to
conduct assessments of these towers and report back to the
Committee within six months of enactment.
Very high frequency (VHF) omni-directional range (VOR) and
tactical air navigation (TACAN).--The Committee is aware of
efforts underway to address the rationalization and
recapitalization of aging en route navigational aids. These
systems are critical to the safety, resiliency, and on-going
operations of both civilian and military air navigation. The
Committee directs FAA to move ahead with the issuance of a
request for proposals (RFP) to implement a service based
procurement for VHF, VOR, and TACAN systems. The RFP shall be
released with the objective of issuing a contract during fiscal
year 2017.
Facility decommissioning.--The Committee encourages FAA to
remove or relocate any non-directional beacons over fifty years
old in which a U.S. County is requesting either its elimination
or significant size reduction by replacing the beacon with a
modern antenna.
BILL LANGUAGE
Capital investment plan.--The bill continues to require the
submission of a five-year capital investment plan.
RESEARCH, ENGINEERING, AND DEVELOPMENT
(AIRPORT AND AIRWAY TRUST FUND)
Appropriation, fiscal year 2016....................... $166,000,000
Budget request, fiscal year 2017...................... 167,500,000
Recommended in the bill............................... 167,500,000
Bill compared with:
Appropriation, fiscal year 2016..................... +1,500,000
Budget request, fiscal year 2017.................... - - -
This appropriation provides funding for long-term research,
engineering, and development programs to improve the air
traffic control system and to raise the level of aviation
safety, as authorized by the Airport and Airway Improvement Act
and the Federal Aviation Act. The appropriation also finances
the research, engineering, and development needed to establish
or modify federal air regulations.
COMMITTEE RECOMMENDATION
The Committee recommends $167,500,000 for FAA's research,
engineering, and development programs, which is $1,500,000
above the enacted level and the same as the budget request.
The Committee recommendation includes the following funding
levels for research, engineering, and development programs.
------------------------------------------------------------------------
Program FY 2017 request FY 2017 House
------------------------------------------------------------------------
Fire Research & Safety................ 7,925,000 7,925,000
Propulsion & Fuel Systems............. 2,574,000 2,574,000
Advanced Materials /Structural Safety. 4,113,000 4,500,000
Aircraft Icing/Digital System Safety/ 5,102,000 5,102,000
Cyber Security.......................
Continued Air Worthiness.............. 10,269,000 9,269,000
Aircraft Catastrophic Failure 1,528,000 1,528,000
Prevention Research..................
Flightdeck/Maintenance/System 8,513,000 7,044,000
Integration Human Factors............
Safety System Management/Terminal Area 7,000,000 7,000,000
Safety...............................
Air Traffic Control/Technical 6,165,000 5,539,000
Operations Human Factors.............
Aeromedical Research.................. 9,538,000 8,467,000
Weather Research...................... 17,976,000 16,500,000
Unmanned Aircraft Systems Research.... 8,422,000 13,422,000
NextGen--Alternative Fuels for General 5,792,000 7,000,000
Aviation.............................
Commercial Space Transportation Safety 2,953,000 2,000,000
---------------------------------
Total Safety...................... 97,870,000 97,870,000
NextGen--Wake Turbulence.............. 8,609,000 8,609,000
NextGen--Air Ground Integration....... 8,575,000 8,575,000
NextGen--Weather Technology in the 4,059,000 4,059,000
Cockpit..............................
NextGen--Information Security......... 1,000,000 1,000,000
---------------------------------
Total Economic Competiveness...... 22,243,000 22,243,000
Environment & Energy.................. 15,013,000 15,013,000
NextGen Environmental Research-- 26,174,000 26,174,000
Aircraft Technologies, Fuels and
Metrics..............................
---------------------------------
Total Environmental Sustainability 41,187,000 41,187,000
System Planning and Resource 2,788,000 2,788,000
Management...........................
WJHTC Lab Facilities.................. 3,412,000 3,412,000
---------------------------------
Total Mission Support............. 6,200,000 6,200,000
---------------------------------
Total......................... 167,500,000 167,500,000
------------------------------------------------------------------------
Advanced material/structural integrity safety.--The
Committee recommendation includes $4,500,000 for Advanced
Material/Structural Integrity Safety, a decrease of $2,909,000
below the fiscal year 2016 enacted level and an increase of
$387,000 above the budget request.
Additive manufacturing.--The Committee is aware that
products created through additive manufacturing processes have
entered commercial use. As industry moves towards manufacturing
safety-critical products through additive processes, the
Committee encourages FAA to undertake basic and applied
research to fully assess the safety and certification aspects
of this new technology.
Unmanned aircraft systems research.--The Committee provides
$13,422,000 for Unmanned Aircraft Systems Research, a decrease
of $4,213,000 below the fiscal year 2016 enacted level and an
increase of $5,000,000 above the budget request. The Committee
directs FAA to use the NextGen integrated laboratories, in
partnership with NASA laboratories, to provide for proofs of
concept supporting the integration of UAS into the national
airspace (NAS). This effort will ensure interoperability with
NAS systems through the Unmanned Traffic Management system,
which will create an air traffic control network for UAS that
will have the capability to communicate with existing NAS
infrastructure.
NextGen--alternative fuels for general aviation.--The
Committee provides $7,000,000 for NextGen--Alternative Fuels
for General Aviation, the same as the enacted level and an
increase of $1,208,000 above the budget request.
GRANTS IN AID FOR AIRPORTS
(LIMITATION ON OBLIGATIONS)
------------------------------------------------------------------------
Liquidation of
contract Limitation on
authorization obligations
------------------------------------------------------------------------
Appropriation, fiscal year 2016... $3,600,000,000 $3,350,000,000
Budget request, fiscal year 2017.. 3,500,000,000 2,900,000,000
Recommended in the bill........... 3,750,000,000 3,350,000,000
Bill compared to:
Appropriation, fiscal year 2016. +150,000,000 - - -
Budget request, fiscal year 2017 +250,000,000 +450,000,000
------------------------------------------------------------------------
The bill includes a liquidating cash appropriation of
$3,750,000,000 for grants-in-aid for airports, authorized by
the Airport and Airway Improvement Act of 1982, as amended,
which is $150,000,000 above the fiscal year 2016 level and
$250,000,000 above the budget request. This funding provides
for liquidation of obligations incurred pursuant to contract
authority and annual limitations on obligations for grants-in-
aid for airport planning and development, noise compatibility
and planning, the military airport program, reliever airports,
airport program administration, and other authorized
activities.
LIMITATION ON OBLIGATIONS
The bill includes a limitation on obligations of
$3,350,000,000 for fiscal year 2017, which is the same as the
fiscal year 2016 enacted level and $450,000,000 above the
budget request.
Regulatory compliance.--The Committee is concerned about
the findings of the 2013 Airport Cooperative Research Program
report entitled, ``Impact of Regulatory Compliance Costs on
Small Airports.'' The Committee directs FAA to develop a plan
to implement the report's recommendations and report back to
Congress within 180 days of enactment.
Unmanned aircraft systems airports detection and mitigation
technology.--The Committee directs the FAA Administrator, not
later than 60 days after enactment, to establish a pilot
program at three airports to deploy and evaluate counter-UAS
detection and mitigation technologies that can locate and track
unmanned aircraft and the ground operator while not interfering
with existing airport operations, navigation, and
communications systems. The pilot should demonstrate
technologies that cannot be disabled or overridden by a UAS
operator, or be dependent on the UAS manufacturer or operator
for detection compliance. The Committee directs FAA to provide
a report on the pilot project findings no later than 180 days
after enactment.
Noise insulation.--The Committee is concerned that FAA's
current criteria restricts eligibility for federally funded
sound insulation and limits one of the most important tools
that airports have to address community concerns about noise
impacts. The Committee encourages FAA to reevaluate its current
criteria and provide airports with flexibility to expand
eligibility where appropriate, and permit second round
insulation to account for subsequent improvements in
technology.
ADMINISTRATION AND RESEARCH PROGRAMS
Airport administrative expenses.--Within the overall
obligation limitation, the bill includes $107,691,000 for the
administration of the airports program by the FAA. This funding
level is $591,000 above the fiscal year 2016 enacted level and
the same as the budget request.
Airport cooperative research program (ACRP).--The
recommendation includes $15,000,000, which is the same as the
fiscal year 2016 enacted level and the budget request. The ACRP
identifies shared problem areas facing airports that can be
solved through applied research but are not adequately
addressed by existing federal research programs.
Airport technology research.--The Committee recommendation
includes a minimum of $31,375,000 for the FAA's airport
technology research program, which is $375,000 above the
enacted level and the same as the budget request. The funds
provided for this program are utilized to conduct research in
the areas of airport pavement; airport marking and lighting;
airport rescue and firefighting; airport planning and design;
wildlife hazard mitigation; and visual guidance.
Tarmac Vehicle Safety.--The Committee notes that there is
no national standard that requires marking on airport vehicles
and equipment that operate in busy night time conditions. The
Committee directs the FAA to study one large hub airport, one
medium hub airport and one small hub airport to determine
whether national standards for conspicuity of surface vehicles
operating at the airports are necessary. The FAA is directed to
report to the House and Senate Committees on Appropriations its
finding and recommendations no later than one year after
enactment of this Act.
BILL LANGUAGE
Runway incursion prevention systems and devices.--
Consistent with prior year appropriations Acts, the bill allows
funds under this limitation to be used for airports to procure
and install runway incursion prevention systems and devices.
ADMINISTRATIVE PROVISIONS--FEDERAL AVIATION ADMINISTRATION
Section 110. The Committee retains a provision limiting the
number of technical work years at the Center for Advanced
Aviation Systems Development to 600 in fiscal year 2017.
Section 111. The Committee retains a provision prohibiting
FAA from requiring airport sponsors to provide the agency
`without cost' building construction, maintenance, utilities
and expenses, or space in sponsor-owned buildings, except in
the case of certain specified exceptions.
Section 112. The Committee continues a provision allowing
reimbursement for fees collected and credited under 49 U.S.C.
45303.
Section 113. The Committee continues a provision allowing
reimbursement of funds for providing technical assistance to
foreign aviation authorities to be credited to the operations
account.
Section 114. The Committee continues a provision
prohibiting FAA from paying Sunday premium pay, except in those
cases where the individual actually worked on a Sunday.
Section 115. The Committee continues a provision
prohibiting FAA from using funds to purchase store gift cards
or gift certificates through a government-issued credit card.
Section 116. The Committee continues a provision that
requires approval from the Deputy Assistant Secretary for
Administration of the Department of Transportation for
retention bonuses for any FAA employee.
Section 117. The Committee continues a provision that
requires the Secretary to block the display of an owner or
operator's aircraft registration number in the Aircraft
Situational Display to Industry program, upon the request of an
owner or operator.
Section 118. The Committee continues a provision that
limits the number of FAA political appointees to 9.
Section 119. The Committee continues a provision that
prohibits funds for any increase in fees for navigational
products until FAA has reported a justification for such fees
to the House and Senate Committees on Appropriations.
Section 119A. The Committee continues a provision that
requires FAA to notify the House and Senate Committees on
Appropriations at least 90 days before closing a regional
operations center or reducing the services it provides.
Section 119B. The Committee continues a provision
prohibiting funds to change weight restrictions or prior
permission rules at Teterboro Airport in Teterboro, New Jersey.
Federal Highway Administration
The Federal Highway Administration (FHWA) provides
financial assistance to the states to construct and improve
roads and highways. It also provides technical assistance to
other agencies and organizations involved in road building
activities. Title 23 of the United States Code and other
supporting statutes provide authority for the activities of the
FHWA. Funding is provided by contract authority, while program
levels are established by annual limitations on obligations, as
set forth in appropriations Acts.
LIMITATION ON ADMINISTRATIVE EXPENSES
(HIGHWAY TRUST FUND)
(INCLUDING TRANSFER OF FUNDS)
Appropriation, fiscal year 2016....................... $429,000,000
Budget request, fiscal year 2017...................... 435,795,000
Recommended in the bill............................... 435,795,000
Bill compared with:
Appropriation, fiscal year 2016..................... +6,795,000
Budget request, fiscal year 2017.................... - - -
The limitation on administrative expenses caps the amount,
from within the limitation on obligations, that FHWA may spend
on salaries and expenses necessary to conduct and administer
the federal-aid highway program, highway-related research, and
most other federal highway programs.
COMMITTEE RECOMMENDATION
The Committee recommends a limitation on FHWA
administrative expenses of $435,795,000, including $3,248,000
transferred to the Appalachian Regional Commission. The
recommendation is $6,795,000 above the enacted level, and the
same as the budget request.
FEDERAL-AID HIGHWAYS
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2016 Fiscal 2017
Program enacted request\1\ Recommended
----------------------------------------------------------------------------------------------------------------
Federal-aid highways (obligation limitation)........... 42,361,000 50,766,100 43,266,100
Exempt contract authority.............................. 739,000 739,000 739,000
Rescission of contract authority....................... 0 -2,436,000 0
Total program level................................ 43,100,000 49,069,100 44,005,100
----------------------------------------------------------------------------------------------------------------
\1\Includes $7,500,000 requested for new programs called 21st Century Clean Transportation Plan Investments.
The federal-aid highways program is designed to aid in the
development, operations, and management of an intermodal
transportation system that is economically efficient and
environmentally sound, to provide the foundation for the nation
to compete in the global economy, and to move people and goods
safely.
Federal-aid highways and bridges are managed through a
federal-state partnership. States and localities maintain
ownership of and responsibility for the maintenance, repair and
new construction of roads. State highway departments have the
authority to initiate federal-aid projects, subject to FHWA
approval of the plans, specifications, and cost estimates. The
federal government provides financial support, on a
reimbursable basis, for construction and repair through
matching grants.
Programs included within the federal-aid highways program
are financed from the highway trust fund. The federal-aid
highways program is funded by contract authority, and
liquidating cash appropriations are subsequently provided to
fund outlays resulting from obligations incurred under contract
authority. The Committee sets, through the annual
appropriations process, an overall limitation on the total
contract authority that can be obligated under the program in a
given year.
COMMITTEE RECOMMENDATION
The Committee recommends a total program level of
$44,005,100,000 for the activities of FHWA in fiscal year 2017.
This amount is $905,100,000 above the fiscal year 2016 enacted
level and $5,064,000,000 below the budget request. Included
within the recommended amount is an obligation limitation of
$43,266,100,000 and $739,000,000 in contract authority that is
exempt from the obligation limitation.
Right-of-way advertising revenue study.--Not later than one
year after the date of enactment of this Act, FHWA shall report
to the House and Senate Committees on Appropriations on
opportunities for, and impediments to, permitting states to
allow advertising in the form of logos on the back of highway
signs in highway rights-of-way as a means to generate state
revenue. Such report shall identify applicable statutory and
regulatory provisions, design issues, and safety
considerations.
Highway guide sign fonts.--In early 2016, FHWA notified
state transportation agencies of its intention to rescind
approval for the use of an alternate font on highway guide
signs. The decision was made without adequate public
consideration and input, and immediately impacted an estimated
26 states that had been given prior approval for alternate font
use as a safe way to communicate with the traveling public.
FHWA is directed to suspend enforcement of actions terminating
the interim approval of this alternate font for highway guide
signs until the agency provides an opportunity for public
comment on this matter, and documents the safety and cost
implications of this decision for affected states. FHWA is
directed within 30 days of enactment of this Act to brief the
House and Senate Committees on Appropriations regarding the
process it will undertake to receive public comment.
Corrosion prevention.--The Committee directs FHWA to
conduct a study comparing the cost-effectiveness of industry-
recognized corrosion prevention worker certifications on
Federally-funded corrosion prevention bridge and overpass
projects. The study shall compare no less than twelve currently
obligated projects preserving the structure of bridges using
corrosion prevention and mitigation systems, including at least
six projects that utilize an industry recognized corrosion
prevention worker standard, and no less than six similar
projects that do not use an industry recognized worker
standard. The study shall include a comparison of the time to
complete projects, initial quality control reports, and
budgetary overruns. FHWA shall submit the results from its
study in a report to the House and Senate Committees on
Appropriations no more than two years after the date of
enactment of this Act.
Innovative engineering and design approaches.--The
Committee understands that pavement design requires continuous
improvement and that Pavement ME Design is the next generation
of pavement design software based upon the national cooperative
highway research program's mechanistic-empirical pavement
design guide. Other innovative approaches such as project level
life-cycle cost analysis help to identify best value solutions
with the desired performance at the lowest cost over the
project's life. With limited funding available for
transportation projects, it is imperative that the Department
promote the most efficient use of federal funding. The
Committee directs the Secretary to treat Pavement ME Design
combined with life-cycle cost analysis as eligible under
subsection 120(c) of title 23, United States Code as an
innovative engineering and design approach that will both
optimize the design and lower the cost of projects. FHWA shall
issue guidance to division offices and State departments of
transportation on this eligibility.
Bridge and structure product and technology innovations
clearing house.--The Committee directs the Department to
facilitate implementation of new and advanced transportation
infrastructure by promoting and advancing new products and
innovations related to highway bridges and structures.
Unfortunately, the mainstreaming of new innovations within the
surface transportation communities is a lengthy, complex, and
difficult process. As part of this action, the Committee
directs the Department to serve as clearing house for new
innovations by providing a specific location for bridge and
structure stakeholders to find technically robust and unbiased
information and reports that evaluate innovations and
accelerate acceptance and implementation of new bridge and
structure materials and technologies.
Autonomous vehicle technology.--The Committee recognizes
the rapid pace at which autonomous vehicle technology is
developing, and is interested in validating the safety of the
new technology. To help facilitate the deployment and safety
testing of autonomous vehicles, the Committee encourages the
Secretary to solicit applications under the advanced
transportation and congestion management technologies
deployment program for autonomous vehicle projects to test the
feasibility of deployment through geographically contained
ridesharing pilot programs. In reviewing applications, the
Secretary should consider the extent to which applicants
propose to include the gathering and sharing of critical safety
data with the government and the extent to which applicants
propose to test the benefits of the technology with groups that
might otherwise have limited transportation options, such as
older people who no longer drive, those with disabilities, or
those with no driver's license.
Geosynthetic reinforced soil-integrated bridge system
program.--The Committee supports continuing the geosynthetic
reinforced soil-integrated bridge system program including
research and deployment to capitalize on investments in the
program. The Committee encourages FHWA to fund research to
address development of technical specifications for segmental
facing material durability, connections between geosynthetics
and segmental facing materials in retaining walls, including
bridge abutments, segmental unit sound barriers, and scour
countermeasures in erosion control systems. The Committee
encourages FHWA to complete currently planned cost studies of
geosynthetic-reinforced soil abutments and to prepare and
distribute reports to state DOTs to enhance state and local
application. The Committee encourages FHWA to use demonstration
grants to deploy innovations in geosynthetics and segmental
retaining walls.
Permeable pavements.--The Committee encourages the
Secretary to accelerate research, demonstration, and deployment
of permeable pavements to achieve flood mitigation, pollutant
reduction, stormwater runoff reduction, and conservation.
Projects may include roadway shoulder load testing and
documenting life-cycle cost efficiency.
Recycled materials.--Recycled materials help the
environment and provide a cost-effective alternative. Section
1428 of the Fixing America's Surface Transportation Act (FAST
Act) requires the Secretary to encourage use of durable and
sustainable materials. The Committee encourages FHWA to fulfill
these objectives and to consider working collaboratively with
the Expert Task Group, the American Association of State
Highway and Transportation Officials, and industry stakeholders
in developing revised standards that allow for the maximum use
of recycled materials without detrimental impact to life-cycle
cost.
Advanced composite bridge technologies.--The Committee
supports FHWA's efforts to improve the safety, efficiency,
reliability, and performance of transportation infrastructure.
It also notes the growing need to accelerate adoption of best
practices, technologies, and materials that lead to faster
construction and cost-effective rehabilitation of bridges. The
Committee encourages the Department to support the
demonstration and deployment of advanced composite materials in
bridge replacement and rehabilitation.
Federally-owned bridges.--The Committee recognizes that
there are a number of infrastructure projects owned solely by
the federal government that are in serious need of repair. The
Committee strongly encourages the Department to give the
highest priority to grant applications for federal
infrastructure projects which serve the greatest purpose in
terms of public use. The attributes of infrastructure projects
that should be given the highest priority must include, but
should not be limited to, high rates of traffic, facilitation
of regional traffic patterns, proximity to major metropolitan
areas, facilitation of interstate commerce, accessibility to
and from major metropolitan areas, and national security
purpose including evacuation. Other attributes--such as
projects which link states, federal districts, national parks,
or territories to other major national monuments and parks--
should also be considered.
Transportation infrastructure and military installations.--
Since the passage of the Federal-Aid Highway Act of 1956 (P.L.
84-627), investments in transportation infrastructure have been
directly tied to supporting national defense. Access to and
from military installations continues to impact operations and
local communities. The Committee strongly encourages the
Secretary to work with the Secretary of Defense to assess the
transportation infrastructure that supports access to and from
domestic military installations and to develop a strategy for
addressing opportunities to improve base access and egress,
impact on the local community, and national security.
Streamlining of environmental impact reviews.--The
Committee recognizes the efforts by the Department to implement
the updated FAST Act provisions designed to streamline
environmental impact review processes, and encourages the
Department to continue efforts to work cooperatively with
federal and state agencies. The Committee urges the Department
to continue participating in the facilitation of environmental
impact process improvements for regional and national
transportation projects, to coordinate with relevant federal
agencies, state and local governments, and other public
interest groups, and to periodically provide updates on the
progress of such activities.
Critical commerce corridors.--The Committee believes
critical commerce corridors, an authorized use of funds in the
nationally significant freight and highway projects program,
can improve our economic efficiency, reduce travel times, and
promote safe travel on our nation's roads and highways. These
corridors include existing highways where a barrier physically
separates lanes dedicated to heavy commercial trucks from lanes
dedicated to passenger vehicles. The Committee encourages DOT
to strongly consider applications for the creation of critical
commerce corridors when awarding grants to individual states.
Transportation Infrastructure Finance and Innovation Act
(TIFIA) program.--The Committee notes the significant role of
TIFIA credit assistance in expanding the capacity of the
federal-aid highways program to deliver projects. The Committee
encourages the Department to fully obligate amounts available
for credit assistance and to complete new credit agreements
with eligible project sponsors in a timely manner.
Modeling and simulation technology.--The utilization of
modeling and simulation technology can save taxpayer dollars
and can more efficiently design, build, operate and maintain
our nation's infrastructure. The Department should utilize
modeling and simulation technology to analyze highway and
public transportation projects to ensure that these projects
will increase transportation capacity and safety, alleviate
congestion, and reduce travel time and environmental impacts
cost effectively.
Freight transportation projects.--The Committee encourages
the Secretary to give priority consideration to projects that
advance exports and imports, increase the efficiency of
national and international freight movement, promote economic
growth on a regional and national basis, and increase
employment.
Border state infrastructure.--The Department of
Transportation shall encourage states using federal funds
designated for border state infrastructure to ensure
participation of city and county governments along the U.S.-
Mexico border in project selection processes.
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(HIGHWAY TRUST FUND)
Appropriation, fiscal year 2016....................... $43,100,000,000
Budget request, fiscal year 2017\1\................... 51,505,100,000
Recommended in the bill............................... 44,005,100,000
Bill compared with:
Appropriation, fiscal year 2016..................... +905,100,000
Budget request, fiscal year 2017.................... -7,500,000,000
\1\Includes $7,500,000,000 requested for a new program called 21st
Century Clean Transportation Plan Investments.
COMMITTEE RECOMMENDATION
The Committee recommends a liquidating cash appropriation
of $44,005,100,000, which is $905,100,000 above the enacted
level and $7,500,000,000 below the budget request. This is the
amount required to pay the outstanding obligations of the
highway program at levels provided in this Act and prior
appropriations Acts.
ADMINISTRATIVE PROVISIONS--FEDERAL HIGHWAY ADMINISTRATION
Section 120 distributes obligation authority among federal-
aid highway programs. The provision has been updated to be
consistent with changes to the underlying authorizing statute.
Section 121 credits funds received by the Bureau of
Transportation Statistics to the Federal-Aid Highways account.
Section 122 provides requirements for any waiver of the Buy
America Act.
Section 123 requires congressional notification before the
Department provides credit assistance under the TIFIA program.
Federal Motor Carrier Safety Administration
The Federal Motor Carrier Safety Administration (FMCSA) was
established within the Department of Transportation (DOT) by
Congress through the Motor Carrier Safety Improvement Act of
1999. FMCSA's mission is to promote safe commercial motor
vehicle operations and reduce truck and bus crashes. FMCSA
works with federal, state, and local entities, the motor
carrier industry, highway safety organizations, and the public
to further its mission.
FMCSA resources are used to prevent and mitigate commercial
vehicle accidents through regulation, enforcement, stakeholder
training, technological innovation, and improved information
systems. FMCSA also is responsible for enforcing federal motor
carrier safety and hazardous materials regulations for all
commercial vehicles entering the United States along its
southern and northern borders.
MOTOR CARRIER SAFETY OPERATIONS AND PROGRAMS
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
------------------------------------------------------------------------
Liquidation of contract Limitation on
authorization obligations
------------------------------------------------------------------------
Appropriation, fiscal year $267,400,000 ($267,400,000)
2016.......................
Budget request, fiscal year 427,200,000 (427,200,000)
2017\1\....................
Recommended in the bill..... 277,200,000 (277,200,000)
Bill compared with:
Appropriation, fiscal year +9,800,000 (+9,800,000)
2016.......................
Budget request, fiscal -150,000,000 (-150,000,000)
year 2017..................
------------------------------------------------------------------------
\1\Includes $150,000,000 requested for new programs called 21st Century
Clean Transportation Plan Investments.
This limitation controls FMCSA spending on salaries,
operating expenses, and research. It provides resources to
support motor carrier safety program activities and to maintain
the agency's administrative infrastructure. This funding
supports nationwide motor carrier safety and consumer
enforcement efforts, including the Compliance, Safety, and
Accountability Program, regulation and enforcement of freight
transport, and federal safety enforcement at the U.S. borders.
These resources also fund regulatory development and
implementation, information management, research and
technology, grants to state and local partners, safety
education and outreach, and the safety and consumer telephone
hotline.
COMMITTEE RECOMMENDATION
The Committee recommends $277,200,000 in liquidating cash
for motor carrier safety operations and programs. The Committee
also recommends limiting obligations from the highway trust
fund to $277,200,000 for motor carrier safety operations and
programs in fiscal year 2017. These levels are $9,800,000 above
the fiscal year 2016 enacted level and $150,000,000 below the
budget request.
The Committee continues bill language specifying funding
amounts for the research and technology program available until
September 30, 2019.
Bus lease and interchange rule.--On March 16, 2016, FMCSA
announced it was extending the compliance date for its final
rule concerning the lease and interchange of passenger carrying
motor vehicles based on issues raised in numerous petitions for
reconsideration. The Committee directs FMCSA to expeditiously
complete its review and modify the rule to resolve the issues
raised, and ensure the rule appropriately targets unsafe
passenger carriers without unduly interfering in compliant
business operations. If FMCSA is unable to effect a
modification of the rule by January 2018, the Committee expects
FMCSA to grant an additional extension until the rule can be
modified.
Commercial permitting and licensing.--The Committee
recognizes security concerns exist regarding licensing of
commercial drivers and issuing commercial learner's permits.
However, the demand for commercial truck drivers continues to
rise. The Committee encourages FMCSA to work with the states
and industry on balancing the mitigation of security concerns
with the needs of the commercial driving workforce and
industry.
The FMCSA shall deliver a report to the House and Senate
Committees on Appropriations within 90 days of enactment on the
history of domicile requirements for commercial drivers,
including requirements for military personnel stationed outside
of their home state, the feedback and concerns posed by states
and other stakeholders, and the potential for improvements to
domicile requirements for commercial permitting and licensing.
The Committee recognizes the commercial driving industry
faces workforce shortfalls. In an effort to minimize
unnecessary barriers to entry to the commercial driving
industry, the Committee directs FMSCA to evaluate the merits of
a pilot program for permitting states to license drivers 18 to
21 years old, and report recommendations to the House and
Senate Committees on Appropriations within 180 days of
enactment. As part of this evaluation, FMSCA shall gather input
from states on a pilot program.
Natural gas vehicles.--The Secretary is encouraged to
assess new developments and advances with respect to natural
gas vehicles, to oversee implementation of new safety
regulations for liquefied natural gas fuel tanks and fuel
systems on commercial motor vehicles, to revise and update
regulations for compressed natural gas (CNG) cylinders,
including inspection requirements for such cylinders, to issue
guidelines on the ability of bus manufacturers to deploy
transit buses that have roof-top mounted CNG cylinders, and to
clarify through guidance that rules restricting alternative
fuel vehicle access to bridges and tunnels should not be any
more restrictive than those addressing gasoline and diesel
fueled vehicles.
MOTOR CARRIER SAFETY GRANTS
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
------------------------------------------------------------------------
Liquidation of contract Limitation on
authorization obligations
------------------------------------------------------------------------
Appropriation, fiscal year $313,000,000 ($313,000,000)
2016.......................
Budget request, fiscal year 367,000,000 (367,000,000)
2017.......................
Recommended in the bill..... 367,000,000 (367,000,000)
Bill compared with:
Appropriation, fiscal year +54,000,000 (+54,000,000)
2016.......................
Budget request, fiscal - - - - - -
year 2017..................
------------------------------------------------------------------------
FMCSA's motor carrier safety grants are used to support
compliance reviews in the states, identify and apprehend
traffic violators, conduct roadside inspections, and conduct
safety audits of new entrant carriers. Additionally, grants are
provided to states for safety enforcement at the U.S. borders,
improvement of state commercial driver's license oversight
activities, and improvements in linking states' motor vehicle
registration systems and carrier safety data.
COMMITTEE RECOMMENDATION
The Committee recommends $367,000,000 in liquidating cash
for this program, as well as a $367,000,000 limitation on
obligations, in fiscal year 2017. These levels are $54,000,000
above the fiscal year 2016 enacted level and the same as the
budget request.
The Committee recommends the following obligation
limitations for grants funded under this account:
------------------------------------------------------------------------
------------------------------------------------------------------------
Motor carrier safety assistance program.............. ($292,600,000)
High priority activities program..................... (42,200,000)
Commercial motor vehicle operator grants program..... (1,000,000)
Commercial driver's license program implementation (31,200,000)
program.............................................
------------------------------------------------------------------------
ADMINISTRATIVE PROVISIONS--FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION
Section 130 subjects the funds appropriated in this Act to
certain terms and conditions regarding Mexican-domiciled motor
carriers.
Section 131 requires FMCSA to send notice of 49 CFR section
385.308 violations by certified mail, registered mail, or some
other manner of delivery that records receipt of the notice by
the persons responsible for the violations.
Section 132 suspends enforcement of changes made to the
restart provisions of the hours of service regulation that went
into effect on July 1, 2013, and clarifies congressional intent
that DOT shall continue to enforce the restart provisions that
were in effect prior to those changes.
Section 133 prohibits funds from being used for a wireless
roadside inspection program until 180 days after the Secretary
makes specific certifications to the House and Senate
Committees on Appropriations.
Section 134 clarifies the preemption of state and local
laws and regulations by federal laws and regulations related to
motor carrier driver hours of service, and makes such
preemption retroactive to the date of enactment of the Federal
Aviation Administration Authorization Act of 1994 (Public Law
103-305).
Section 135 prohibits funds from being used to amend,
revise, or otherwise modify safety fitness determination
regulations until certain conditions are met.
National Highway Traffic Safety Administration
The National Highway Traffic Safety Administration (NHTSA)
was established in March of 1970 to administer motor vehicle
and highway safety programs. It was the successor agency to the
National Highway Safety Bureau, which was housed in the Federal
Highway Administration.
NHTSA's mission is to save lives, prevent injuries, and
reduce economic costs due to road traffic crashes through
education, research, safety standards, and enforcement
activity. To accomplish these goals, NHTSA establishes and
enforces safety performance standards for motor vehicles and
motor vehicle equipment, investigates safety defects in motor
vehicles, and conducts research on driver behavior and traffic
safety.
NHTSA provides grants and technical assistance to state and
local governments to enable them to conduct effective local
highway safety programs. Together with state and local
partners, NHTSA works to reduce the threat of drunk, impaired,
and distracted drivers, and to promote policies and devices
with demonstrated safety benefits including helmets, child
safety seats, airbags, and graduated licenses.
NHTSA establishes and ensures compliance with fuel economy
standards, investigates odometer fraud, establishes and
enforces vehicle anti-theft regulations, and provides consumer
information on a variety of motor vehicle safety topics.
COMMITTEE RECOMMENDATION
The Committee recommends a total of $918,327,000 for NHTSA,
which is $49,295,000 above the fiscal year 2016 enacted level
and $262,945,000 below the budget request.
The following table summarizes the Committee's
recommendations:
----------------------------------------------------------------------------------------------------------------
Committee
2016 enacted 2017 request recommendation
----------------------------------------------------------------------------------------------------------------
Operations and research (general fund and highway trust fund). $295,700,000 \1\$595,900,000 $332,955,000
Highway traffic safety grants (highway trust fund)............ 573,332,000 585,372,000 585,372,000
Total..................................................... 869,032,000 1,181,272,000 918,327,000
----------------------------------------------------------------------------------------------------------------
\1\Includes $200,000,000 requested for new programs called 21st Century Clean Transportation Plan Investments.
The Committee recommends funding levels that provide NHTSA
with sufficient resources to continue its critical work
improving the safety of passenger travel on the nation's
highway system.
OPERATIONS AND RESEARCH
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
----------------------------------------------------------------------------------------------------------------
(General (Highway trust
fund)\1\ fund)\2\ Total
----------------------------------------------------------------------------------------------------------------
Appropriation, fiscal year 2016.............................. $152,800,000 $142,900,000 $295,700,000
Budget request, fiscal year 2017............................. 250,000,000 345,900,000 595,900,000
Recommended in the bill...................................... 187,055,000 145,900,000 332,955,000
Bill compared to:
Appropriation, fiscal year 2016............................ +34,255,000 +3,000,000 +37,255,000
Budget request, fiscal year 2017........................... -62,945,000 -200,000,000 -262,945,000
----------------------------------------------------------------------------------------------------------------
\1\For comparison purposes, the table does not reflect the budget proposal to fund all of NHTSA's Operations and
Research activities with mandatory budget authority.
\2\Request includes $200,000,000 for autonomous vehicle development that is within new programs called 21st
Century Clean Transportation Plan Investments.
The operations and research appropriations support
research, demonstrations, technical assistance, and national
leadership for highway safety programs. Many of these programs
are conducted in partnership with state and local governments,
the private sector, universities, research units, and various
safety associations and organizations. These programs address
alcohol and drug countermeasures, vehicle occupant protection,
traffic law enforcement, emergency medical and trauma care
systems, traffic records and licensing, traffic safety
evaluations, motorcycle safety, pedestrian and bicycle safety,
pupil transportation, distracted and drowsy driving, young and
older driver safety programs, and development of improved
accident investigation procedures.
COMMITTEE RECOMMENDATION
The Committee recommends $332,955,000, which is $37,255,000
above the fiscal year 2016 enacted level and $262,945,000 below
the budget request. Of this total, $187,055,000 is from the
general fund for operations and vehicle safety research, and
$145,900,000 is from the highway trust fund for operations and
behavioral highway safety research. The Committee rejects the
request to fund vehicle safety activities out of the highway
trust fund rather than the general fund. The recommendation
includes a $24,000,000 increase for safety defects
investigation, a $7,200,000 increase for vehicle electronics
and emerging technologies, and $3,000,000 to fund grants to
States that use their vehicle registration process to notify
vehicle owners and lessees of any open recalls on their
vehicles as authorized under Section 24105 of the FAST Act
(Pub. L. 114-94).
Office of safety defects investigations.--The office of
safety defects investigation (ODI) enhances safety by allowing
NHTSA to investigate motor vehicles and motor vehicle equipment
for possible defect trends, and where appropriate, seek recalls
of vehicles and equipment that pose an unreasonable safety
risk. The multiple deadly automobile equipment failure crises,
which have occurred in recent years, underscore the importance
of a robust defect investigation and recall capability. To
support improvements in this area, the Committee recommendation
provides a significant increase in resources for ODI to enhance
and expand this critical function, and to ensure NHTSA remains
on track to not only implement, but also sustain all DOT Office
of the Inspector General (OIG) recommendations from the 2011,
2015, and 2016 ODI audit reports. The Committee expects ODI to
expand stakeholder outreach for the reporting of potential
safety problems, to significantly enhance data gathering and
analysis capabilities, and to promptly resolve and respond to
safety investigation petitions. The Committee directs NHTSA to
report to the House and Senate Committees on Appropriations
within 30 days of enactment with a detailed 2017 expenditure
plan for ODI that also includes an assessment of its
implementation of all OIG audit recommendations. The Committee
further directs the OIG to continue to assess NHTSA's progress
in implementation of its recommendations for ODI and to report
to the House and Senate Committees on Appropriations within 90
days of enactment of this Act on the agency's progress.
Vehicle electronics and emerging technology.--As vehicle
safety features like autonomous driving continue to advance, it
is imperative that NHTSA have a clear understanding of these
new technologies and related cybersecurity issues.
Understanding how technology advances are evolving and
converging will ensure that consumers, regulators, and safety
advocates are best able to navigate and implement new vehicle
capabilities. To forward this understanding, the Committee
recommendation provides $10,800,000 for vehicle electronics and
emerging technologies research, a $7,200,000 increase above the
fiscal year 2016 enacted level.
Vehicle safety rulemaking safety standards support.--
NHTSA's vehicle safety rulemaking safety standards support is
funded at the request. This funding will allow NHTSA to provide
the technical support needed to develop motor vehicle safety
standards, including implementation of the provisions of the
Tire Efficiency, Safety, and Registration Act of 2015 that were
included in the FAST Act. Funding will support the planning,
infrastructure, and outreach to support the electronic
registration of tires by independent dealers, as well as
facilitate a publicly available tire identification number
search application.
Highway-rail grade crossing safety.--NHTSA has vast
experience in addressing driver behaviors that threaten highway
safety. Highway-rail grade crossings pose a major risk to
highway safety and are an ongoing challenge for the safety
community. Eliminating the most hazardous grade crossings will
help reduce the risk to automobile and train passengers. The
Committee urges NHTSA to work with states to target resources
toward the most hazardous crossings. Additionally, increased
public awareness will help educate drivers on the dangers of
entering active highway-rail grade crossings. Therefore, the
Committee provides $6,500,000 for NHTSA to develop a high
visibility enforcement paid-media campaign in the area of
highway-rail grade crossing safety. The Committee directs NHTSA
to coordinate these resources with the media on other highway
safety campaigns, and to work collaboratively with the Federal
Railroad Administration on the campaign's message development.
Marijuana-impaired driving study.--The Committee directs
the National Highway Traffic Safety Administration, in
coordination with the National Institute on Drug Abuse and
other related agencies, to conduct a study of marijuana-
impaired driving to fulfill the requirement of Section 4008 of
the Funding America's Surface Transportation Act (Public Law
114-94). The study shall examine methods to detect marijuana
impaired driving, including devices capable of measuring
marijuana levels in motor vehicle operators, impairment
standards research for driving under the influence of
marijuana, methods to differentiate the cause of driving
impairment between alcohol and marijuana, state-based policies
on marijuana impaired driving, and the role and extent of
marijuana impairment in motor vehicle accidents.
Plastics and polymer-based composite materials.--The
Committee recognizes the importance that plastics and polymer
composites play in reducing vehicle weight. They provide
vehicle manufacturers with innovative tools to reduce fuel
consumption and, by association, vehicle emissions, including
air toxics and greenhouse gasses. As manufacturers plan for
future fleets, composite materials offer benefits for meeting
new targets established under NHTSA's recent vehicle fuel
efficiency rules. At the same time, the Committee recognizes
that composite manufacturing is a new and growing industry,
providing highly skilled jobs in the automotive industry. The
Committee directs NHTSA's vehicle safety research program to
accelerate the advancement of the state of the art for computer
modeling of advanced plastics and polymer composites, including
testing and evaluation techniques, while validating the safety
performance of plastics and polymer composites in structural
applications for the automotive industry in fiscal year 2017.
The program will help facilitate a foundation of cooperation
between DOT, the Department of Energy, and industry
stakeholders for the development of safety-centered approaches
for future light-weight automotive design.
HIGHWAY TRAFFIC SAFETY GRANTS
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
------------------------------------------------------------------------
Liquidation of
contract Limitation on
authorization obligation
------------------------------------------------------------------------
Appropriation, fiscal year 2016. $573,332,000 ($573,332,000)
Budget request, fiscal year 2017 585,372,000 (585,372,000)
Recommended in the bill......... 585,372,000 (585,372,000)
Bill compared with:
Appropriation, fiscal year +12,040,000 +(12,040,000)
2016...........................
Budget request, fiscal year - - - - - -
2017...........................
------------------------------------------------------------------------
The highway traffic safety state grant programs authorized
under the FAST Act include: Highway Safety Programs, the
National Priority Safety Programs, and the High Visibility
Enforcement Program.
These grant programs provide resources to states for
highway safety programs that are data-driven and that meet
states' most pressing highway safety problems. They are a
critical asset in reducing highway traffic fatalities and
injuries.
COMMITTEE RECOMMENDATION
The Committee recommends $585,372,000 in liquidating cash
from the highway trust fund to pay outstanding obligations of
the highway safety grant programs at the levels provided in
this Act and prior appropriations Acts. The Committee also
recommends limiting the obligations from the highway trust fund
in fiscal year 2017 for the highway traffic safety grants
programs to $585,372,000. These levels are $12,040,000 above
the fiscal year 2016 enacted level and the same as the budget
request. The recommendation includes $5,494,000 for the driver
alcohol detection system for safety (DADSS) program, which
funds in-vehicle alcohol detection device research.
The Committee recommends the following funding allocations
for grant programs:
Highway safety programs (section 402)................. ($252,300,000)
National priority safety programs (section 405)....... (277,500,000)
High visibility enforcement program................... (29,500,000)
Administrative expenses............................... (26,072,000)
Driver alcohol detection system for safety (DADSS).--The
FAST Act includes a total of $21,248,000 million through fiscal
year 2020 for the ongoing advanced drunk driving detection
technology program known as DADSS. The DADSS program is an
ambitious public-private research effort to develop a publicly-
acceptable and commercially-viable technology that will prevent
a drunk driver (at or over 0.08 BAC) from operating a vehicle.
Technology development progress to date was demonstrated at DOT
headquarters in June 2015. The accompanying bill includes
$5,494,000 for continued research, the amount requested by
NHTSA for fiscal year 2017. In light of the significant life-
saving potential of the program, approximately 7,000 lives
annually, the Committee urges NHTSA to take steps to accelerate
the program, including additional support from the auto
industry partners in this activity.
Safety promotional materials.--For the purpose of federal
grants administered by NHTSA, safety equipment purchased for
traffic safety educational trainings, such as child car seats,
bicycle helmets and lights, and reflective vests, shall not be
considered promotional materials or memorabilia.
ADMINISTRATIVE PROVISIONS--NATIONAL HIGHWAY TRAFFIC SAFETY
ADMINISTRATION
Section 140 provides limited funding for travel and related
expenses associated with state management reviews and highway
safety core competency development training.
Section 141 exempts from the current fiscal year's
obligation limitation any obligation authority that was made
available in previous public laws.
Section 142 prohibits funding for the national roadside
survey and further prohibits NHTSA from funding other roadside
surveys.
Section 143 prohibits funds from being used to mandate
global positioning system tracking without providing full and
appropriate consideration of privacy concerns under 5 U.S.C.
Chapter 5, subchapter II.
Federal Railroad Administration
The Federal Railroad Administration (FRA) was established
by the Department of Transportation Act, on October 15, 1966.
The FRA plans, develops, and administers programs and
regulations to promote the safe operation of freight and
passenger rail transportation in the United States. The U.S.
railroad system consists of over 650 railroads with 200,000
freight employees, 171,000 miles of track, and 1.35 million
freight cars. In addition, the FRA continues to oversee grants
to the National Railroad Passenger Corporation (Amtrak) with
the goal of assisting Amtrak with improvements to its passenger
service and physical infrastructure.
SAFETY AND OPERATIONS
Appropriation, fiscal year 2016....................... $199,000,000
Budget request, fiscal year 2017...................... 213,298,000
Recommended in the bill............................... 207,000,000
Bill compared with:
Appropriation, fiscal year 2016..................... +8,000,000
Budget request, fiscal year 2017.................... -6,298,000
The safety and operations account provides funding for
FRA's safety program activities related to passenger and
freight railroads. Funding also supports salaries and expenses
and other operating costs related to FRA staff and programs.
COMMITTEE RECOMMENDATION
The Committee recommends $207,000,000 for safety and
operations, which is $8,000,000 above the fiscal year 2016
enacted level and $6,298,000 below the budget request. Of the
amount provided under this heading, $15,900,000 is available
until expended. The recommended level fully funds personnel
provided in fiscal year 2016, and does not provide additional
positions in fiscal year 2017.
Nationwide bridge safety.--The Committee is concerned about
increasing traffic volume and load traveling over aging
bridges. In 2010, FRA issued a bridge safety standards rule
requiring railroad track owners to implement bridge management
programs that include procedures for determining bridge load
capacities and inspecting bridges. An IG audit published April
21, 2016, revealed significant gaps in FRA's leadership,
management, and oversight of track owner's compliance with
bridge safety standards. It found that FRA did not have a
comprehensive list of track owners that must comply with bridge
standards, had not developed guidance on prioritization of
track owners for bridge safety reviews, and did not have
guidance for its specialists on conducting bridge safety
reviews. In addition, it did not have guidance on how to track
and follow up on non-compliance and recommend civil penalties.
The Committee notes that FRA concurred with and is
addressing each of the IG's recommendations. Implementation of
these improvements will allow FRA to ensure effective
deployment of oversight resources to the highest risk track
owners and ensure its specialists appropriately address all
safety issues.
To advance this effort, the Committee's recommendation
includes $500,000 for a nationwide bridge inventory. These
funds will allow FRA to create a web-based portal to collect
electronic data from railroads on the number, condition of
bridges, and date of last inspection.
Railroad safety information system (RSIS).--The
recommendation includes a total of $4,300,000 for RSIS, an
increase of $500,000. This will increase the capabilities of
FRA's principal repository of safety data, and allows FRA to
enforce safety regulation that have data collection and
management requirements.
Automated track inspection program (ATIP).--The Committee's
recommendation includes $10,500,000 for ATIP, an increase of
$700,000. ATIP uses track geometry measurement vehicles to
automatically measure track conditions. These vehicles
supplement the work of FRA's inspectors to ensure railroads are
compliant with the FRA Track Safety Standards.
The Committee emphasizes the importance of robust data
collection and analysis during track inspection operations, and
encourages the FRA and the private rail industry to increase
the use of predictive analytics, trend spotting, and targeted
audits stemming from track inspection data. Utilizing real-time
track data in concert with predictive modelling will provide
for a more efficient use of inspectors and track inspection
programs as a whole. We encourage close collaboration between
FRA and the private rail industry to better focus urgent
attention on areas of greatest need.
Safe transportation of energy products.--The Committee
includes funding for FRA's safe transport of energy products
programs. These include crude oil safety inspectors, safety
route managers and tank car quality assurance specialists, tank
car research and increased mileage of ATIP on routes that carry
energy produces.
Passenger rail between Mexico & United States.--The
Committee understands that standards or protocols for passenger
rail between the United States and Mexico do not currently
exist. The Committee encourages FRA to work with all relevant
state and federal agencies and their Mexican counterparts to
study what standards and protocols are needed to facilitate a
passenger and freight rail line between the United States and
Mexico, in Texas, and other international land crossings.
Congestion at international rail crossings.--The Committee
understands that there are a number of international rail
crossings where the switching of train operators has caused
delays and resulted in street blockage on the United States
side of the border. GAO conducted an assessment of best
practices that can be used to reduce rail border crossing times
and reduce the blockage of street crossings. The Committee
encourages the Secretary of Transportation to improve the
availability of national data to quantify freight trends,
impacts on local traffic and continue to work with all relevant
state and federal agencies and their Mexican counterparts to
harmonize regulations and address congestion at international
rail crossings per the recommendations made in the GAO report.
The Committee directs FRA to report to the Committee on its
progress within 90 days of the enactment of this Act.
System safety and risk reduction programs.--The Committee
recognizes that continued investments in critical rail
infrastructure programs will make our rails, railcars, and
trains safer for all who use them. Therefore, the Committee
urges the Federal Railroad Administration to prioritize
investments in the development of technologies designed to
verify the functional performance of complex electronic systems
such as: positive train control, electronically controlled
pneumatic brakes, automated train control, passenger door
control, train communications, train environmental control, and
railcar signs.
Freight rail information sharing.--Timely, accurate, and
accessible data about freight rail movements is critical to
understanding the multimodal movement of freight across the
country. The Committee understands the FRA receives detailed
information about freight volumes and performance metrics on
Class 1 railroads on a weekly basis from the American
Association of Railroad Companies. The Committee encourages FRA
to continue to work with the freight rail industry and
encourage rail companies to share data about freight movements,
including system volumes, detailed speed and volume for
individual terminals and lines, and transit times through
critical rail bottlenecks like Chicago. This information will
enhance local, state, and national transportation, track
progress over time and identify key barometers of the rail
system's overall health.
RAILROAD RESEARCH AND DEVELOPMENT
Appropriation, fiscal year 2016....................... $39,100,000
Budget request, fiscal year 2017...................... 53,500,000
Recommended in the bill............................... 43,100,000
Bill compared with:
Appropriation, fiscal year 2016..................... +4,000,000
Budget request, fiscal year 2017.................... -10,400,000
The railroad research and development program provides
science and technology support for FRA's policy and regulatory
efforts. The program's objectives are to reduce the frequency
and severity of railroad accidents through scientific
advancement, and to support technological innovations in
conventional and high speed railroads.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $43,100,000
for railroad research and development, which is $4,000,000
above the fiscal year 2016 enacted level and $10,400,000 less
than the budget request.
Safe transportation of energy products (STEP).--The
Committee provides $2,000,000 for FRA to research and mitigate
risks associated with frequent and large volume rail transport
of crude oil.
Southeast Corridor Rail Commission.--The Committee's
recommendation includes $1,000,000 to stand-up the Southeast
Corridor Rail Commission. The Commission will develop a
regional rail plan and improve mutual cooperation and planning
between states and stakeholders.
Short-line safety.--The Committee's recommendation includes
$2,000,000 to improve safety practices and safety training for
Class II and Class III freight railroads. This supports FRA's
initiative to partner with short-line and regional railroads to
build a stronger, sustainable safety culture in this segment of
the rail industry. The initiative will support safety
compliance assessments and training on short lines that
transport crude oil.
Intelligent railroad systems.--The Committee's
recommendation includes $1,000,000 to facilitate research with
universities on intelligent railroad systems.
RAILROAD REHABILITATION AND IMPROVEMENT FINANCING PROGRAM
The Railroad Rehabilitation and Improvement Financing
(RRIF) program was established by Public Law 109-178 to provide
direct loans and loan guarantees to state and local
governments, government-sponsored entities, and railroads.
Credit assistance under the program may be used for
rehabilitating or developing rail equipment and facilities. No
federal appropriation is required to implement the program,
because a non-federal partner may contribute the subsidy amount
required by the Credit Reform Act of 1990 in the form of a
credit risk premium.
The Committee includes bill language specifying that no new
direct loans or loan guarantee commitments may be made using
federal funds for the payment of any credit premium amount
during fiscal year 2017, except for federal funds awarded in
accordance with section 3028(c) of Public Law 114-94.
RAIL SERVICE IMPROVEMENT PROGRAM
Appropriation, fiscal year 2016....................... - - -
Budget request, fiscal year 2017...................... \1\$3,700,000,00
0
Recommended in the bill............................... - - -
Bill compared with:
Appropriation, fiscal year 2016..................... - - -
Budget request, fiscal year 2017.................... -3,700,000,000
\1\The Administration's budget requested $3,700,000,000 in mandatory
spending from the Highway Trust Fund for an unauthorized rail service
improvement program.
The FRA budget documents include a new rail service
improvement program. The program is a new, unauthorized program
that results in mandatory spending.
COMMITTEE RECOMMENDATION
The Committee recommends no funding for the rail service
improvement program in fiscal year 2017. The recommendation is
the same as the fiscal year 2016 enacted level, and
$3,700,000,000 below the budget request.
CURRENT PASSENGER RAIL SERVICE PROGRAM
Appropriation, fiscal year 2016....................... - - -
Budget request, fiscal year 2017...................... \1\$2,300,000,00
0
Recommended in the bill............................... - - -
Bill compared with:
Appropriation, fiscal year 2016..................... - - -
Budget request, fiscal year 2017.................... -2,300,000,000
\1\The Administration requested $2,300,000,000 in mandatory spending
from the Highway Trust Fund for an unauthorized rail service
improvement program.
In fiscal year 2017, the FRA requested a new current
passenger rail service program that replaces the National
Railroad Passenger Corporation appropriation. It is an
unauthorized program that results in mandatory spending.
COMMITTEE RECOMMENDATION
The Committee recommends no funding for the current
passenger rail service program in fiscal year 2017; instead the
Committee provides funds for this purpose consistent with the
Public Law 114-94, the FAST Act. The recommendation is the same
as the fiscal year 2016 enacted level and $2,300,000,000 below
the budget request.
Federal-State Partnership for State of Good Repair
Appropriation, fiscal year 2016....................... \1\- - -
Budget request, fiscal year 2017...................... \2\- - -
Recommended in the bill............................... $25,000,000
Bill compared with:
Appropriation, fiscal year 2016..................... - - -
Budget request, fiscal year 2017.................... - - -
\1\The fiscal year 2016 Appropriations Act included $19,163,000 for
capital projects on the Northeast Corridor.
\2\The budget request provided funding for these purposes under a
mandatory unauthorized program.
The FAST Act authorized the federal-state partnership for
state of good repair under section 11302. The purpose of these
grants is to reduce the state of good repair backlog on
publically-owned or Amtrak-owned infrastructure, equipment, and
facilities. Eligible activities include capital projects to (1)
replace existing assets in-kind or with assets that increase
capacity or service levels, (2) ensure that service can be
maintained while existing assets are brought into a state of
good repair, (3) bring existing assets into a state of good
repair.
COMMITTEE RECOMMENDATION
The Committee recommends $25,000,000 for the federal-state
partnership for state of good repair grants, $25,000,000 more
than the fiscal year 2016 enacted level and $25,000,000 more
than the budget request.
CONSOLIDATED RAIL INFRASTRUCTURE AND SAFETY IMPROVEMENTS GRANTS
Appropriation, fiscal year 2016....................... \1\- - -
Budget request, fiscal year 2017...................... \2\- - -
Recommended in the bill............................... $25,000,000
Bill compared with:
Appropriation, fiscal year 2016..................... +25,000,000
Budget request, fiscal year 2017.................... +25,000,000
\1\Rail Safety Grants, a program with some similar eligibilities,
received $50,000,000 in fiscal year 2016.
\2\The budget request provided funding for these purposes under the rail
service improvement program, a mandatory, unauthorized program.
Authorized under Section 11301 of the FAST Act, the purpose
of the consolidated rail infrastructure and safety improvement
(CRISI) grants is to improve the safety, efficiency, and
reliability of passenger and freight rail systems. Eligible
activities include a wide range of capital, regional and
corridor planning, environmental analyses, research, workforce
development, and training projects.
COMMITTEE RECOMMENDATION
The Committee recommends $25,000,000 for CRISI grants,
$25,000,000 more than the fiscal year 2016 enacted level and
$25,000,000 more than the budget request. The Committee
recognizes that communities with high volume international
inland ports on the U.S.-Mexico border face unique
transportation challenges caused by international trade. The
Committee encourages the agency to consider the impacts of
these freight movements, including traffic, highway-rail grade
crossings, congestion and safety when awarding grants.
GRANTS TO THE NATIONAL RAILROAD PASSENGER CORPORATION (AMTRAK)
Amtrak, created as a for-profit business in 1970, operates
trains over 20,000 miles of track owned by freight railroad
carries, and over about 654 miles of its own track, most of
which is on the Northeast Corridor (NEC) from Washington, D.C.,
to Boston, Massachusetts. Amtrak operates both electrified
trains, which can achieve speeds of up to 150 mph on the
highest quality track on the NEC, and diesel locomotives, which
currently can achieve speeds between 74-110 miles per hour.
Amtrak runs a deficit each year and requires a federal
subsidy to cover its losses. In the past, it was impossible to
discern from Amtrak's or FRA's budget request or other publicly
available data federal funds required to operate Amtrak's
network by line of business. In fact, funding requests
consistently exceeded operating losses by one-third.
The FAST Act authorizes funds for Amtrak through 2020 under
a new structure that includes two lines of businesses, the
Northeast Corridor (NEC) that runs from Boston to Washington,
D.C., and the National Network (which encompasses Amtrak's
state-supported and long-distance routes, as well as other non-
NEC activities). Amtrak's annual Federal funding was previously
provided through an operating grant and a capital/debt grant.
This new account structure, when combined with new planning and
reporting requirements focused on Amtrak's business lines and
asset categories, will significantly improve the transparency
of Amtrak funding and the delivery of its services. It is now
transparent to Congress and the American taxpayers where Amtrak
is using is federal appropriations.
The Committee recommends $1,420,000,000 for Amtrak, an
increase of $30,000,000 from the fiscal year 2016 enacted
level. The Committee provides funding consistent with the
authorized structure.
Congressional budget justification.--The Committee
appreciates the level of detail in the fiscal year 2017 budget
justification and directs Amtrak to submit justification with a
similar level of detail for fiscal year 2018.
NORTHEAST CORRIDOR GRANTS TO THE NATIONAL RAILROAD PASSENGER
CORPORATION
Appropriation, fiscal year 2016....................... \1\- - -
Budget request, fiscal year 2017...................... - - -
Recommended in the bill............................... $420,000,000
Bill compared with:
Appropriation, fiscal year 2016..................... - - -
Budget request, fiscal year 2017.................... - - -
\1\In fiscal year 2016, funds were provided in a different structure.
\2\The budget request included $2,300,000,000 in mandatory funds for
Amtrak.
The Committee recommends $420,000,000 for grants to the
northeast corridor for operating and capital purposes. In
addition to these funds, the Northeast Corridor retains its
operating profits for use on the corridor. This funding level
provides $5,000,000 to the Northeast Corridor Commission
established under section 24905 of title 49, United States
Code.
NATIONAL NETWORK GRANTS TO THE NATIONAL RAILROAD PASSENGER CORPORATION
Appropriation, fiscal year 2016....................... \1\- - -
Budget request, fiscal year 2017...................... \2\- - -
Recommended in the bill............................... $1,000,000,000
Bill compared with:
Appropriation, fiscal year 2016.................... - - -
Budget request, fiscal year 2017................... - - -
\1\In fiscal year 2016, funds were provided in a different structure.
\2\The budget request included $2,300,000,000 in mandatory funds for
Amtrak.
The Committee recommends $1,000,000,000 for national
network grants to Amtrak. These funds subsidize operating and
capital losses on Amtrak's long-distance routes, state-
supported routes, as well as other non-NEC activities. The FAST
Act allows Amtrak to transfer operating profits from the
Northeast Corridor to this appropriation under certain
conditions.
ADMINISTRATIVE PROVISIONS
Section 150. The Commission continues a provision that
limits overtime to $35,000 per employee, allows Amtrak's
president to waive this restriction for specific employees for
safety or operational efficiency reasons, and requires
notification to the House and Senate Committees on
Appropriations within 30 days of granting such waivers. It also
requires Amtrak to submit an annual report summarizing overtime
payments incurred by the Corporation for calendar year 2017 and
the prior three years. The summary shall include total number
of employees that received waivers, total overtime payments
paid to employees receiving waivers for each month for 2017 and
the prior three calendar years.
Federal Transit Administration
The Federal Transit Administration (FTA) was established as
a component of the Department of Transportation on July 1,
1968, when most of the functions and programs under the Federal
Transit Act (78 Stat. 302; 49 U.S.C. 1601 et seq.) were
transferred from the Department of Housing and Urban
Development. Known as the Urban Mass Transportation
Administration until enactment of the Intermodal Surface
Transportation Efficiency Act of 1991, the Federal Transit
Administration administers federal financial assistance
programs for planning, developing, and improving comprehensive
mass transportation systems in both urban and non-urban areas.
The most recent authorization for the programs under the
Federal Transit Administration is contained in the Fixing
America's Surface Transportation Act (P.L. 114-94) and
extensions. Annual Appropriations Acts included annual
limitations on obligations for the transit formula grants
programs, and direct appropriations of budget authority from
the general fund of the Treasury for the FTA's administrative
expenses, some research programs, and capital investment
grants.
ADMINISTRATIVE EXPENSES
Appropriation, fiscal year 2016....................... $108,000,000
Budget request, fiscal year 2017...................... 115,017,000
Recommended in the bill............................... 110,665,000
Bill compared with:
Appropriation, fiscal year 2016..................... +2,665,000
Budget request, fiscal year 2017.................... -4,352,000
COMMITTEE RECOMMENDATION
The Committee recommends a total of $110,665,000 for FTA's
administrative expenses, a decrease of $4,352,000 below the
budget request and an increase of $2,665,000 above the 2016
enacted level. The Committee's recommendation provides these
funds from the General Fund, as usual, and rejects the proposal
to fund basic salaries and expenses from a trust fund. The
request was a significant increase over the fiscal year 2016
level and proposed 39 new FTE. The Committee provided a
moderate funding increase and directs FTA to target FTE
increases to the following offices: safety, planning, budget,
and regional offices.
Operating plans.--The Committee reiterates its direction
from previous years that requires the FTA's operating plan to
include a specific allocation of administrative expenses
resources. The operating plan should include a delineation of
full time equivalent employees, for the following offices:
Office of the Administrator; Office of Administration; Office
of Chief Counsel; Office of Communications and Congressional
Affairs; Office of Program Management; Office of Budget and
Policy; Office of Research, Demonstration and Innovation;
Office of Civil Rights; Office of Planning and Environment;
Office of Safety and Oversight; and regional offices. Further,
the operating plan must include any new programs or changes to
the budget request, including new grant programs. In addition,
the Committee directs FTA to notify the House and Senate
Committees on Appropriations at least thirty days in advance of
any change that results in an increase or decrease of more than
five percent from the initial operating plan submitted to the
Committees for fiscal year 2017.
Budget justifications.--FTA's budget justification for
fiscal year 2017 is a tremendous improvement over the prior
year's document. From the various resource tables to the
thoughtful narratives to each administrative provision
justification--the agency's effort and attention given to
producing a quality budget justification is greatly
appreciated. The Committee strongly encourages FTA to continue
the format and content in the fiscal year 2018 documents.
Annual new starts report.--The Committee has again included
bill language requiring FTA to submit the annual new starts
report with the initial submission of the budget request due in
February, 2017.
Transit security.--The Committee continues bill language
prohibiting FTA from creating a permanent office of transit
security.
Full funding grant agreements (FFGAs).--Title 49 requires
that the FTA notify the House and Senate Committees on
Appropriations as well as the House Committee on Transportation
and Infrastructure and the Senate Committee on Banking sixty
days before executing a full funding grant agreement. In its
notification to the House and Senate Committees on
Appropriations, the Committee directs the FTA to include the
following: (1) a copy of the proposed full funding grant
agreement; (2) the total and annual federal appropriations
required for that project; (3) yearly and total federal
appropriations that can be reasonably planned or anticipated
for future FFGAs for each fiscal year through 2021; (4) a
detailed analysis of annual commitments for current and
anticipated FFGAs against the program authorization, by
individual project; (5) a financial analysis of the project's
cost and sponsor's ability to finance the project, which shall
be conducted by an independent examiner and which shall include
an assessment of the capital cost estimate and the finance
plan; (6) the source and security of all public- and private-
sector financial instruments; (7) the project's operating plan,
which enumerates the project's future revenue and ridership
forecasts; and (8) a listing of all planned contingencies and
possible risks associated with the project.
The Committee continues the direction to FTA to inform the
House and Senate Committees on Appropriations in writing thirty
days before approving schedule, scope, or budget changes to any
full funding grant agreement. Correspondence relating to
changes shall include any budget revisions or program changes
that materially alter the project as originally stipulated in
the full funding grant agreement, including any proposed change
in rail car procurements.
In addition, the Committee directs FTA to continue
reporting monthly to the House and Senate Committees on
Appropriations on the status of each project with a full
funding grant agreement or that is within two years of a full
funding grant agreement.
Oil re-refining.--Studies conducted by National
Laboratories and other federal agencies conclude that the re-
refining of used motor oils into regenerated base oils achieve
substantial energy conservation and environmental benefits
while meeting all applicable industry standards for quality.
The continued and expanded acceptance of the practice of
recycling used motor oil through the process of re-refining,
including in the management of federal and local transit agency
fleets, will be essential to capturing these benefits. The
Committee encourages FTA to consider the development of
voluntary programs to encourage local transit fleets to promote
sustainable used oil management, recycling, and procurement.
TRANSIT FORMULA GRANTS
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
----------------------------------------------------------------------------------------------------------------
Liquidation of Limitation on
contract authorization obligations
----------------------------------------------------------------------------------------------------------------
Appropriation, fiscal year 2016............................... $10,400,000,000 $9,347,605,000
Budget request, fiscal year 2017.............................. 10,800,000,000 9,733,706,000
Recommended in the bill....................................... 10,800,000,000 9,733,706,000
Bill compared with:
Appropriation, fiscal year 2016............................. +400,000,000 +386,101,000
Budget request, fiscal year 2017............................ - - - - - -
----------------------------------------------------------------------------------------------------------------
The FAST Act provides contract authority for the transit
formula grant programs from the mass transit account of the
highway trust fund. These programs include: urbanized area
formula, state of good repair grants, formula grants for rural
areas, growing states and high density states, mobility for
seniors and persons with disabilities, bus and bus facilities
grants, bus testing facilities, planning programs, transit
oriented development, a pilot program for enhanced mobility,
public transportation innovation, technical assistance and
workforce development, positive train control, and the National
Transit Database. The Appropriations Act sets an annual
obligation limitation for such authority. This account is the
only FTA account funded from the Highway Trust Fund.
COMMITTEE RECOMMENDATION
The Committee recommends an obligation limitation of
$9,733,706,000 for the formula programs and activities, the
same as the budget request and the program authorization. The
Committee's recommendation also includes $10,800,000,000 in
liquidating funds.
The Committee strongly encourages the Federal Transit
Administration to follow the guidance set forth in the FAST Act
when developing scoring criteria for the competitive Bus and
Bus Facilities Program. Per the legislation, the age and
mileage of fleet should be the primary consideration for
scoring applications.
Positive train control.--The FAST Act created a new
category of funding under the transit formula obligation
limitation to assist commuter railroads to comply with positive
train control (PTC) requirements. The Committee's
recommendation includes $199,000,000 for PTC work, as
authorized.
TECHNICAL ASSISTANCE AND TRAINING
Appropriation, fiscal year 2016....................... - - -
Budget request, fiscal year 2017...................... - - -
Recommended in the bill............................... $5,000,000
Bill compared with:
Appropriation, fiscal year 2016..................... +5,000,000
Budget request, fiscal year 2017.................... +5,000,000
The FAST Act authorizes FTA to provide technical assistance
under section 5314 of title 49 for human resource and training
activities, and workforce development programs.
COMMITTEE RECOMMENDATION
The Committee recommends $5,000,000 for technical
assistance and training authorized under section 5314,
$5,000,000 above the appropriated 2016 level and the budget
request. In addition to the directly appropriated funds,
another $9,000,000 is provided through the obligation
limitation under the header ``Transit formula grants.'' The
funds provided under this header are to support activities
specified in section 5314 (a) and (b) of title 49.
CAPITAL INVESTMENT GRANTS
Appropriation, fiscal year 2016....................... $2,177,000,000
Budget request, fiscal year 2017...................... 3,500,000,000
Recommended in the bill............................... 2,500,470,000
Bill compared with:
Appropriation, fiscal year 2016..................... +323,470,000
Budget request, fiscal year 2017.................... -999,530,000
Grants for capital investment to rail or other fixed
guideway transit systems are awarded to public bodies and
agencies (transit authorities and other state and local public
bodies and agencies thereof) including states, municipalities,
other political subdivisions of states; public agencies and
instrumentalities of one or more states; and certain public
corporations, boards and commissions under state law.
COMMITTEE RECOMMENDATION
The Committee recommends $2,500,470,000 for capital
investment grants which is $323,470,000 above the fiscal year
2016 enacted level and $999,530,000 below the budget request.
The fiscal year 2017 recommendation provides $1,234,790,000
for all current and on-going full funding grant agreements
(FFGA) consistent with the agreed-upon payout schedules for
each project.
------------------------------------------------------------------------
Fiscal year 2017
Signed FFGAs recommendation
------------------------------------------------------------------------
CA--Regional Connector Transit Corridor........ $100,000,000
CA--Westside Subway Extension.................. 100,000,000
CA--Third Street Light Rail Phase 2--Central... 150,000,000
CA--Silicon Valley Berryessa Extension......... 125,000,000
CO--RTD Eagle Denver........................... 150,000,000
MA--Cambridge to Medford, Green Line........... 150,000,000
HI--Honolulu................................... 243,730,000
NC--Blue Line Extension, NE Corridor........... 100,000,000
OR--Milwaukie LRT.............................. 100,000,000
FL--SunRail Phase II........................... 16,060,000
------------------------------------------------------------------------
The Committee's recommendation provides $500,000,000 for
projects that will be signed under a FFGA by September 30,
2017.
------------------------------------------------------------------------
Fiscal year 2017
Anticipated FFGAs recommendation
------------------------------------------------------------------------
CA--Westside Section 2 Los Angeles............. $100,000,000
CA--Santa Ana and Garden Grove Streetcar....... 75,000,000
CA--San Diego Midcoast Corridor................ 100,000,000
MD--Purple Line DC Area........................ 100,000,000
MN--Southwest LRT Minneapolis.................. 10,000,000
TX--TEX Rail, Fort Worth....................... 100,000,000
WA--Seattle Lynwood............................ 15,000,000
------------------------------------------------------------------------
In addition, $407,830,000 is provided for ten new small
start projects proposed in the budget.
------------------------------------------------------------------------
Fiscal year 2017
Small starts recommendation
------------------------------------------------------------------------
AZ--Tempe Streetcar............................ $50,000,000
CA--Sacramento Riverfront Streetcar............ 50,000,000
FL--Ft. Lauderdale Wave Streeetcar............. 11,010,000
FL--Jacksonville East Corridor................. 16,930,000
IN--Indianapolis Red Rapid Transit Line........ 50,000,000
MI--Grand Rapids Laker Line BRT................ 56,810,000
MO--Kansas City Prospect MAX BRT............... 29,890,000
NM--Albuquerque Rapid Transit.................. 50,000,000
WA--Everett Swift II BRT....................... 43,190,000
WA--Seattle City Center Connector.............. 50,000,000
------------------------------------------------------------------------
Further, the Committee recommends $332,850,000 for projects
funded through core capacity grants and proposed in the budget
request.
------------------------------------------------------------------------
Fiscal year 2017
Core capacity recommendation
------------------------------------------------------------------------
CA--Caltrain Electrification San Carlos........ $100,000,000
IL--Red and Purple Line Chicago................ 100,000,000
NY--Carnarsie New York......................... 83,680,000
TX--DART Red and Blue Dallas................... 49,170,000
------------------------------------------------------------------------
Finally, the Committee's recommendation includes
$25,000,000 (about 1.0 percent) for oversight activities
related to the investments of this account.
WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY
Appropriation, fiscal year 2016....................... $150,000,000
Budget request, fiscal year 2017...................... 150,000,000
Recommended in the bill............................... 150,000,000
Bill compared with:
Appropriation, fiscal year 2016..................... - - -
Budget request, fiscal year 2017.................... - - -
Section 601 of Division B of the Passenger Rail Investment
and Improvement Act of 2008 (PRIIA) (Public Law 110-432)
authorized $1,500,000,000 over a ten-year period for preventive
maintenance and capital grants for the Washington Metropolitan
Area Transportation Authority (WMATA). The law requires that
the federal funds be matched dollar-for-dollar by Virginia,
Maryland and the District of Columbia in equal proportions. The
compact required under the law has been established and
Virginia, Maryland and the District of Columbia have all
committed to providing $50,000,000 each in local matching
funds. Fiscal year 2017 represents the 8th year of payments
under PRIIA.
COMMITTEE RECOMMENDATION
The Committee recommendation includes $150,000,000 for
safety capital grants for WMATA, which is equal to both the
budget request and last year's enacted level.
The Committee directs WMATA to continue addressing the
safety issues within the agency, specifically the safety hazard
repairs identified, and in many cases mandated by the National
Transportation Safety Board (NTSB) and FTA. WMATA is further
directed to continue implementing any and all corrective
actions to address financial, contracting, and accounting
concerns raised by FTA's financial management oversight audit.
Finally, should the WMATA board endorse any effort to defer
state of good repair maintenance, or move funds from safety
improvements to operating expenses in order to address an
operating budget shortfall, the Committee will view those
budgetary shifts as a lack of commitment to the spirit in which
these PRIIA funds were provided and the Committee will
reconsider its financial contributions accordingly.
Wireless service extension.--The bill again includes a one-
year extension of the wireless service requirement in PRIIA.
The Committee urges WMATA to complete the installation of
infrastructure necessary to comply with the mandate most
expeditiously.
The Committee would like to ensure that WMATA is not
missing an opportunity to seize the most cost-effective and
efficient sources for their much needed, extensive repairs. The
Committee directs GAO to report to the House and Senate
Committees on Appropriations by March 31, 2017 on WMATA's plans
for future maintenance, repairs, and construction. The
evaluation should include safety improvement measures, levels
of efficiency, and practices that will increase cost-
effectiveness.
ADMINISTRATIVE PROVISIONS--FEDERAL TRANSIT ADMINISTRATION
Section 160. The Committee continues the provision that
exempts previously made transit obligations from limitations on
obligations.
Section 161. The Committee continues the provision that
allows funds appropriated for capital investment grants and bus
and bus facilities not obligated by September 30, 2020, plus
other recoveries to be available for other projects under 49
U.S.C. 5309.
Section 162. The Committee continues the provision that
allows for the transfer of prior year appropriations from older
accounts to be merged into new accounts with similar, current
activities.
Section 163. The Committee continues the provision that
prohibits a full funding grant agreement for a project with a
new starts share greater than 50 percent.
Section 164. The Committee includes a provision regarding a
certain fixed guideway project in Houston, Texas.
Saint Lawrence Seaway Development Corporation
OPERATIONS AND MAINTENANCE (HARBOR MAINTENANCE TRUST FUND)
Appropriation, fiscal year 2016....................... $28,400,000
Budget request, fiscal year 2017...................... 36,028,000
Recommended in the bill............................... 36,028,000
Bill compared with:
Appropriation, fiscal year 2016..................... +7,628,000
Budget request, fiscal year 2017.................... - - -
The Great Lakes Saint Lawrence Seaway System, located
between Montreal and Lake Erie, is a binational, 15-lock system
jointly operated by the U.S. Saint Lawrence Seaway Development
Corporation (SLSDC) and its Canadian counterpart, the Canadian
St. Lawrence Seaway Management Corporation. The SLSDC was
established by the St. Lawrence Seaway Act of 1954 and is a
wholly owned government corporation and an operating
administration of the U.S. Department of Transportation (DOT).
The SLSDC is charged with operating and maintaining the U.S.
portion of the St. Lawrence Seaway. This responsibility
includes the two U.S. locks in Massena, New York, vessel
traffic control in portions of the St. Lawrence River and Lake
Ontario, and trade development functions to enhance the
utilization of the St. Lawrence Seaway.
The Water Resources Development Act of 1986 authorized the
Harbor Maintenance Trust Fund as a source of appropriations for
SLSDC operations and maintenance. Additionally, the SLSDC
generates non-federal revenues which can then be used for
operations and maintenance.
COMMITTEE RECOMMENDATION
The Committee recommends a total appropriation of
$36,028,000 to fund the operations, maintenance, and capital
asset renewal needs of the SLSDC. This funding level is
$7,628,000 above the fiscal year 2016 appropriation and equal
to the budget request. The Committee continues the direction to
the SLSDC to provide semiannual reports consistent with the
requirements stated in the Explanatory Statement of the
Department of Transportation Appropriations Act of 2009.
The Committee's recommendation includes funds as requested
for the continued replacement of the Robinson Bay tugboat due
to the safety, emergency response, and ice breaking missions of
the vessel, as well as funds for the hands-free mooring system
installation at Snell Lock.
The Committee recognizes the increasingly competitive
environment of global multimodal and waterborne capacity in the
Americas and around the world. The Committee requests the
Department to provide a report within 180 days of enactment of
this Act, on opportunities that could improve the Great Lakes
navigation system's capabilities to support economic
development in Great Lakes states and increase trade and
traffic on the Saint Lawrence Seaway.
Maritime Administration
The Maritime Administration (MARAD) is responsible for
programs that strengthen the U.S. maritime industry in support
of the Nation's security and economic needs, as authorized by
the Merchant Marine Act of 1936. MARAD's mission is to promote
the development and maintenance of an adequate, well-balanced
United States merchant marine, sufficient to carry the Nation's
domestic waterborne commerce and a substantial portion of its
waterborne foreign commerce, and capable of serving as a naval
and military auxiliary in time of war or national emergency.
MARAD, working with the Department of Defense (DoD), helps
provide a seamless, time-phased transition from peacetime to
wartime operations, while balancing the defense and commercial
elements of the maritime transportation system. MARAD also
manages the maritime security program, the voluntary intermodal
sealift agreement program and the ready reserve force, which
assures DoD access to commercial and strategic sealift and
associated intermodal capability. Further, MARAD's education
and training programs through the U.S. Merchant Marine Academy
and six state maritime academies help create skilled U.S.
merchant marine officers.
MARITIME SECURITY PROGRAM
Appropriation, fiscal year 2016....................... $210,000,000
Budget request, fiscal year 2017...................... 211,000,000
Recommended in the bill............................... 300,000,000
Bill compared with:
Appropriation, fiscal year 2016..................... +90,000,000
Budget request, fiscal year 2017.................... +89,000,000
The purpose of the Maritime Security Program (MSP) is to
maintain and preserve a U.S. flag merchant fleet to serve the
national security needs of the United States. The MSP provides
direct payments to U.S. flagship operators engaged in U.S.-
foreign trade. Participating operators are required to keep the
vessels in active commercial service and are required to
provide intermodal sealift support to the Department of Defense
in times of war or national emergency.
COMMITTEE RECOMMENDATION
The Committee recommends $300,000,000 for the maritime
security program, consistent with the authorized funding level,
which is $90,000,000 more than provided in fiscal year 2016 and
$89,000,000 above the request. Funds are available until
expended.
OPERATIONS AND TRAINING
Appropriation, fiscal year 2016....................... $171,155,000
Budget request, fiscal year 2017...................... 194,146,000
Recommended in the bill............................... 175,079,000
Bill compared with:
Appropriation, fiscal year 2016..................... +3,924,000
Budget request, fiscal year 2017.................... -19,067,000
The operations and training account provides funding for
headquarters and field offices to administer and direct MARAD
operations and programs. The account also provides funding for
the operation of the U.S. Merchant Marine Academy and financial
assistance to the six state maritime academies.
COMMITTEE RECOMMENDATION
The Committee recommends $175,079,000 for MARAD operations
and training expenses, $3,924,000 more than the fiscal year
2016 funding level and $19,067,000 below the fiscal year 2017
budget request.
MARAD operations.--Of the funds provided, a total of
$54,000,000 is for headquarters and regional office operations,
of which $3,000,000 is for maritime environment and compliance
program expenses.
The Committee continues the reporting requirement that
MARAD submit information on the number of vacancies at MARAD
headquarters and regional offices, and the duties associated
with each vacancy concurrent with the fiscal year 2018 budget
submission. The Committee's recommendation assumes no new FTE
in the new fiscal year. However, the recommended funding level
will support expenses associated with the Port of Anchorage
litigation, contract wiring system conversion, reserve fleet
realignment, current services adjustments and at least
$1,000,000 for IT upgrades. The Committee directs MARAD to
provide details on changes to the budget request in the
Department's operating plan submission.
United States Merchant Marine Academy.--The U.S. Merchant
Marine Academy (the Academy or USMMA) provides educational
programs for men and women to become shipboard officers and
leaders in the maritime industry. The Committee continues to
include language requiring all funding for the Academy go
directly to the Secretary, and that 50 percent of the funding
will not be available until MARAD submits a plan detailing how
the funding will be spent. The Committee's funding
recommendation includes a total of $85,879,000 in fiscal year
2017 for the USMMA, of which up to $74,700,000 is for Academy
operations and not less than $11,179,000 is for capital
improvements. The committee's recommendation includes
$7,179,000 as requested for seawall repairs and the
architecture and engineering work associated with future
renovations of Patten, Gibbs, Fitch, and Fulton Halls. Funds
requested for the renovation of Fulton Hall are not included in
the recommended funding level, a reduction taken without
prejudice.
State maritime academies.--The Committee recommends
$35,200,000 for the state maritime academies. Of the funds
provided, $3,000,000 is for direct payments, $2,400,000 is for
student payments, and $1,200,000 is for fuel assistance. Funds
requested for enhanced mariner compliance and training are not
included in the funding recommendation.
Schoolships.--The Committee's recommendation for the state
maritime academies includes $22,000,000 for the repair and
maintenance of existing schoolships. Further, another
$6,000,000 is recommended for the design and construction of a
common schoolship design for all maritime academies under
MARAD. The Committee directs MARAD to report to the Committees
within 180 days of enactment of this Act a cost-benefit
analysis of undertaking a design and build effort for new
schoolships versus purchasing and retrofitting ships less than
10 years old available on the open market.
Mariner numbers.--The success of the maritime security
program relies not only on the availability of U.S.-flagged
ships, but U.S. mariners available for contingency operations.
Current trends indicate that the number of credentialed and
active mariners continues to drop despite high graduation rates
at the existing six state schools and the USMMA. The Committee
directs MARAD to report by February 6, 2017 on opportunities
and challenges to increasing the number of U.S. Coast Guard
credentialed officers. Further, the Committee encourages MARAD
to consider the costs and benefits associated with increasing
the number of state schools, and identify coastal states and
localities that could support a new school. Consideration
should be given to states that currently do not have a maritime
or other national service academy, and areas with a diverse
population.
SHIP DISPOSAL
Appropriation, fiscal year 2016....................... $5,000,000
Budget request, fiscal year 2017...................... 20,000,000
Recommended in the bill............................... 10,000,000
Bill compared with:
Appropriation, fiscal year 2016..................... +5,000,000
Budget request, fiscal year 2017.................... -10,000,000
MARAD serves as the federal government's disposal agent for
government-owned merchant vessels weighing 1,500 gross tons or
more. The ship disposal program provides resources to dispose
of obsolete merchant-type vessels in the National Defense
Reserve Fleet (NDRF). The Maritime Administration was required
by Public Law 106-398 to dispose of its obsolete inventory by
the end of 2006. These vessels pose a significant environmental
threat due to the presence of hazardous substances such as
asbestos and solid and liquid polychlorinated biphenyls (PCBs).
COMMITTEE RECOMMENDATION
The Committee recommends $10,000,000 for ship disposal
activities, $5,000,000 above the fiscal year 2016 funding level
and $10,000,000 below the budget request. Funds are available
until expended.
The Committee's recommendation includes $7,000,000 for ship
disposal costs. The Committee directs MARAD to prioritize funds
to first dispose of ships held in the Suisun Bay Reserve Fleet
in order to comply with the April 2010 California court consent
decree.
Finally, $3,000,000 is recommended for continued
maintenance of the NS SAVANNAH. The Committee again encourages
MARAD to explore the possibility of making costs associated
with maintenance and disposal of the NS SAVANNAH an eligible
activity at the National Maritime Heritage Grant program in the
2018 request.
MARITIME GUARANTEED LOAD (TITLE XI) PROGRAM
(INCLUDING RESCISSION AND TRANSFER OF FUNDS)
Appropriation, fiscal year 2016....................... $8,135,000
Budget request, fiscal year 2017...................... -2,000,000
Recommended in the bill............................... -2,000,000
Bill compared with:
Appropriation, fiscal year 2016..................... -10,135,000
Budget request, fiscal year 2017.................... - - -
The maritime guaranteed loan program, as provided for by
Title XI of the Merchant Marine Act of 1936, provides for
guaranteed loans for purchasers of ships from the U.S.
shipbuilding industry and for modernization of U.S. shipyards.
Funds for administrative expenses for the Title XI program are
appropriated to this account, and then paid to operations and
training to be obligated and expended.
COMMITTEE RECOMMENDATION
The Committee recommends the budget request for
appropriated funds of $3,000,000 for the maritime guaranteed
loan (Title XI) Program, which is $35,000 less than the amount
provided in fiscal year 2016. Funds are transferred to the
``Operations and Training'' account.
Further, the Committee's recommendation adopts the
Administration's proposed rescission of $5,000,000 in excess
prior year funds for the costs associated with the federal
government subsidizing the loans in this program.
ADMINISTRATIVE PROVISIONS
Section 170. The Committee continues a provision that
allows the Maritime Administration to furnish utilities and
services and make repairs to any lease, contract, or occupancy
involving government property under the control of MARAD and
rental payments shall be paid into the Treasury as
miscellaneous receipts.
Section 171. The Committee continues a provision regarding
MARAD ship disposal.
Pipeline and Hazardous Materials Safety Administration
The Pipeline and Hazardous Materials Safety Administration
(PHMSA) administers nationwide safety programs designed to
protect the public and the environment from risks inherent in
the commercial transportation of hazardous materials by
pipeline, air, rail, vessel, and highway. Many of these
materials are essential to the national economy. The agency's
highest priority is safety, and it uses safety management
principles and security assessments to promote the safe
transport of hazardous materials and the security of the
nation's pipelines.
OPERATIONAL EXPENSES
Appropriation, fiscal year 2016....................... $21,000,000
Budget request, fiscal year 2017...................... 23,688,000
Recommended in the bill............................... 21,000,000
Bill compared with:
Appropriation, fiscal year 2016..................... - - -
Budget request, fiscal year 2017.................... -2,688,000
This appropriation finances the operational support costs
for PHMSA, including agency-wide functions of administration,
management, policy development, legal counsel, budget,
financial management, civil rights, human resources,
acquisition services, information technology, and governmental
and public affairs.
COMMITTEE RECOMMENDATION
The Committee recommends $21,000,000 for PHMSA operational
expenses. This is the same as the fiscal year 2016 enacted
level, and $2,688,000 below the budget request. The
recommendation does not include funding for pipeline
information grants to communities.
HAZARDOUS MATERIALS SAFETY
Appropriation, fiscal year 2016....................... $55,619,000
Budget request, fiscal year 2017...................... 68,249,000
Recommended in the bill............................... 57,000,000
Bill compared with:
Appropriation, fiscal year 2016..................... +1,381,000
Budget request, fiscal year 2017.................... -11,249,000
The hazardous materials safety program advances the safe
and secure transport of hazardous materials (hazmat) in
commerce by air, truck, railroad and vessel. PHMSA evaluates
hazmat safety risks, develops and enforces regulations for
transporting hazmat, educates shippers and carriers,
investigates hazmat incidents and failures, conducts research,
and provides grants to improve emergency response to
transportation incidents involving hazmat.
COMMITTEE RECOMMENDATION
The Committee recommends $57,000,000, which is $1,381,000
above the fiscal year 2016 enacted level and $11,249,000 below
the budget request. This funding level supports the agency's
existing hazardous materials safety program, including prior
year increases provided to support the safe transport of energy
products. Funding is provided to continue research on hazardous
petroleum products, including work with the Department of
Energy on test methods for crude oil, carrying out combustion
experiments, and modeling to develop hazard profiles of
different crude oils. The Committee recommends $7,570,000 of
the total to remain available for three years for long-term
research and development contracts.
Inland ports of entry.--The Committee directs PHMSA to work
with local governments at international inland ports of entry
with a high volume of hazardous material border crossings to
reduce the risk associated with crossing and storing hazardous
material and to enhance the capacity of local officials in
dealing with threats of hazardous material incidents.
PIPELINE SAFETY
(PIPELINE SAFETY FUND)
(OIL SPILL LIABILITY TRUST FUND)
----------------------------------------------------------------------------------------------------------------
(Oil spill (Pipeline
(Pipeline liability trust safety design Total
safety fund) fund) review fund)
----------------------------------------------------------------------------------------------------------------
Appropriation, fiscal year 2016............. $124,500,000 $22,123,000 $0 $146,623,000
Budget request, fiscal year 2017............ 153,443,000 19,500,000 2,000,000 174,943,000
Recommended in the bill..................... 128,000,000 22,000,000 0 150,000,000
Bill compared to:
Appropriation, fiscal year 2016........... +3,500,000 -123,000 - - - +3,377,000
Budget request, fiscal year 2017.......... -25,443,000 +2,500,000 -2,000,000 -24,943,000
----------------------------------------------------------------------------------------------------------------
PHMSA oversees the safety, security, and environmental
protection of pipelines through analysis of data, damage
prevention, education and training, development and enforcement
of regulations and policies, research and development, grants
for states pipeline safety programs, and emergency planning and
response to accidents. The pipeline safety program is
responsible for a national regulatory program to protect the
public against the risks to life and property in the
transportation of natural gas, petroleum, and other hazardous
materials by pipeline.
COMMITTEE RECOMMENDATION
The Committee recommends $150,000,000 to continue pipeline
safety operations, research and development, and state grants-
in-aid, which is $3,377,000 above the fiscal year 2016 enacted
level and $24,943,000 below the budget request. Of the total,
$22,000,000 is from the oil spill liability trust fund, and
$128,000,000 is from the pipeline safety fund.
The Committee recommendation provides $12,000,000 for
research and development, $43,000,000 for state pipeline safety
grants, $1,058,000 for state one-call grants, and $1,500,000
for state damage prevention grants. Funding is provided for
full year costs of additional staff hired in 2016, net of
attrition. However, no additional program or personnel
increases are funded in 2017. Funding requested for a national
pipeline safety database is not provided. PHMSA shall deliver a
report to the House and Senate Committees on Appropriations
within 120 days of enactment that details staffing and hiring
plans for fiscal year 2017 as well as actual turnover and
hiring in fiscal year 2016.
EMERGENCY PREPAREDNESS GRANTS
(EMERGENCY PREPAREDNESS FUND)
Appropriation, fiscal year 2016....................... ($28,318,000)
Budget request, fiscal year 2017...................... (28,318,000)
Recommended in the bill............................... (28,318,000)
Bill compared to:
Appropriation, fiscal year 2016..................... (- - -)
Budget request, fiscal year 2017.................... (- - -)
The Hazardous Materials Transportation Uniform Safety Act
of 1990 (Public Law 101-616) requires PHMSA to: (1) develop and
implement a reimbursable emergency preparedness grant program;
(2) monitor public sector emergency response training and
planning and provide technical assistance to states, political
subdivisions, and Indian tribes; and (3) develop and update
periodically a mandatory training curriculum for emergency
responders.
COMMITTEE RECOMMENDATION
The Committee recommends $28,318,000 for the emergency
preparedness grants program, which is the same as the fiscal
year 2016 enacted level and the budget request.
OFFICE OF INSPECTOR GENERAL
SALARIES AND EXPENSES
Appropriation, fiscal year 2016....................... $87,472,000
Budget request, fiscal year 2017...................... 90,152,000
Recommended in the bill............................... 90,152,000
Bill compared with:
Appropriation, fiscal year 2016..................... +2,680,000
Budget request, fiscal year 2017.................... - - -
The Office of Inspector General was established in 1978 to
provide an objective and independent organization that would be
more effective in: (1) preventing and detecting fraud, waste,
and abuse in departmental programs and operations; and (2)
providing a means of keeping the Secretary of Transportation
and the Congress fully and currently informed of problems and
deficiencies in the administration of such programs and
operations. According to the authorizing legislation, the
Inspector General (IG) is to report dually to the Secretary of
Transportation and to the Congress.
COMMITTEE RECOMMENDATION
The Committee recommendation provides $90,152,000 for the
Office of Inspector General, which is $2,680,000 greater than
the fiscal year 2016 enacted level and equal to the budget
request. The Committee continues to highly value IG's oversight
of departmental programs and activities.
Unfair business practices.--The bill maintains language
first enacted in fiscal year 2000, which authorizes the OIG to
investigate allegations of fraud and unfair or deceptive
practices and unfair methods of competition by air carriers and
ticket agents.
Audit reports.--The Committee requests the OIG to continue
forwarding copies of all audit reports to the Committee
immediately after they are issued, and to continue to make the
Committee aware immediately of any review that recommends
cancellation or modifications to any major acquisition project
or grant, or which recommends significant budgetary savings.
The OIG is also directed to withhold from public distribution
for a period of 15 days any final audit or investigative report
that was requested by the House or Senate Committees on
Appropriations.
Audit of Metropolitan Transit Authority of Harris County,
Texas.--The Committee directs the IG to provide progress
updates on the status of the audit into the financial solvency
of the Metropolitan Transit Authority of Harris County, Texas
(Houston METRO).
GENERAL PROVISIONS--DEPARTMENT OF TRANSPORTATION
Section 180. The Committee continues the provision allowing
the Department of Transportation (DOT) to use funds for
aircraft, motor vehicles, liability insurance, uniforms, or
allowances, as authorized by law.
Section 181. The Committee continues the provision limiting
appropriations for services authorized by 5 U.S.C. 3109 to the
rate for an Executive Level IV.
Section 182. The Committee continues the provision
prohibiting funds from being used for salaries and expenses of
more than 110 political and Presidential appointees in DOT. The
provision also requires that none of the personnel covered by
this provision may be assigned on temporary detail outside DOT.
Section 183. The Committee continues the provision
prohibiting recipients of funds made available in this Act from
releasing certain personal information and photographs from a
driver's license or motor vehicle record without express
consent of the person to whom such information pertains, and
prohibits the withholding of funds provided in this Act for any
grantee if a state is in noncompliance with this provision.
Section 184. The Committee continues the provision
permitting funds received by specified DOT agencies from states
or other private or public sources for expenses incurred for
training to be credited to certain specified agency accounts.
Section 185. The Committee continues the provision
prohibiting funds for loans, loan guarantees, lines of credit,
or grants unless the Secretary of Transportation notifies the
House and Senate Committees on Appropriations no less than
three days in advance, and directs the Secretary to give
concurrent notification for any ``quick release'' of funds from
the Federal Highway Administration's emergency release program.
Section 186. The Committee continues the provision allowing
funds received from rebates, refunds, and similar sources to be
credited to appropriations of the DOT.
Section 187. The Committee continues the provision allowing
amounts from improper payments to a third party contractor that
are lawfully recovered by the DOT to be available to cover
expenses incurred in the recovery of such payments, and allows
the Secretary to credit an account that is associated with such
improper payments.
Section 188. The Committee continues the provision
mandating that reprogramming action notifications shall be
transmitted solely to the House and Senate Committees on
Appropriations, and are to be approved or denied solely by the
House and Senate Committees on Appropriations.
Section 189. The Committee continues the provision allowing
funds appropriated to modal administrations to be obligated for
the Office of the Secretary for costs related to assessments
only when such funds provide a direct benefit to that modal
administration.
Section 190. The Committee continues the provision
authorizing DOT to set uniform standards for transit benefits
for agency transit passes and transit benefits.
Section 191. The Committee continues the provision that
prohibits the use of funds to implement any geographic,
economic, or other hiring preference not otherwise authorized
by law, unless certain requirements are met related to
availability of local labor, displacement of existing
employees, and delays in transportation plans.
Section 192. The Committee includes a provision prohibiting
funds from being used for high-speed rail in the State of
California.
Section 193. The Committee includes a provision modifying
penalty wages regarding foreign and intercoastal voyages and
coastwise voyages.
Section 194. The Committee includes a provision prohibiting
funds from being used in contravention of section 24305(c)(4)
of title 49 U.S.C. regarding Amtrak food and beverage service.
Section 195. The Committee includes a provision making
technical corrections to section 5303 of title 49 regarding a
bi-state metropolitan planning organization.
TITLE II--DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Management and Administration
Management and administration accounts provide operating
support to the Department of Housing and Urban Development
(HUD). Funding supports the salaries and expenses of nearly all
HUD employees, as well as certain non-personnel expenses
critical to carrying out HUD's mission, including funding for
shared service agreements. The Committee supports the
Department's efforts to transform the way it does business and
encourages the Department to continue efforts to streamline
operations while making targeted technology and human capital
investments.
Shared service agreements.--The Committee supports the
Department's efforts to improve its operations through shared
service arrangements with the Department of Treasury. The
Committee recommendation reflects an expectation that the
Department will continue to offset the cost of these agreements
with reductions or reallocations of budgetary resources
previously dedicated to delivering these services. The
Department shall deliver a report to the House and Senate
Committees on Appropriations within 60 days of enactment that
compares projections of shared service agreement transaction
volumes used to calculate payments for fiscal year 2016 with
actual volumes for the year, reconciliation payments or credits
associated with discrepancies between actual and projected
volumes for 2016, and the projected transaction volumes and
related payment amounts for fiscal year 2017.
Budget presentation.--The Committee directs HUD to continue
to clearly identify and explain within its budget request the
movement, reclassification, or transfer of budgetary resources
from one account, program, project, or activity to another
account, program, project, or activity in order to facilitate
year-over-year comparisons. Any programs, projects, or
activities that are newly requested or transferred from
accounts outside Management and Administration shall also be
clearly identified and clearly distinguished from adjustments
to baseline spending.
New initiatives.--The Committee reiterates that the
Department must limit the reprogramming of funds between the
programs, projects, and activities within each account and that
no changes may be made to any program, project, or activity
without prior approval of the House and Senate Committees on
Appropriations. Unless otherwise identified in the bill or
report, the most detailed allocation of budgetary resources
presented in the budget justifications is approved with any
deviation from such approved allocation subject to
reprogramming requirements. All carryover funds, including
recaptures and deobligations, are also subject to reprogramming
requirements.
HUD Office of Inspector General (OIG) audit findings.--In a
November 2015 audit report, HUD OIG expressed a disclaimer of
opinion on HUD's fiscal years 2015 and 2014 (restated)
consolidated financial statements because of the significant
effects of certain unresolved audit matters. These unresolved
audit matters relate to HUD's improper use of cumulative and
first-in, first-out budgetary accounting methods, $5.4 billion
in non-pooled loan assets from Ginnie Mae, $19.8 billion in
Ginnie Mae budgetary resources, and improper accounting of
advances made to public housing agencies and indian housing
block grant grantees and loans receivable from the emergency
homeowners' loan program. These weaknesses were due to an
inability to establish a compliant control environment,
implement adequate financial accounting systems, retain key
financial management staff, and identify appropriate accounting
principles and policies. It is astonishing that a financial
institution as important as HUD would receive such disclaimers
on its financial statements. The Department is directed to
prioritize resources provided under this heading toward
activities that will help mitigate the nine material
weaknesses, eight significant deficiencies in internal
controls, and six instances of noncompliance with applicable
laws and regulations uncovered by the OIG audit. In addition,
the Department is directed to report to the House and Senate
Committees on Appropriation within 30 days of enactment on its
plan for such resource prioritization in fiscal year 2017, as
well as what progress has been made to date in implementing and
addressing the HUD OIG's recommendations made in audit reports
2016-FO-0001, 2016-FO-0002, 2016-FO-0003, and 2016-FO-0004.
Executive Offices
Appropriation, fiscal year 2016....................... $13,800,000
Budget request, fiscal year 2017...................... 14,479,000
Recommended in the bill............................... 14,000,000
Bill compared with:
Appropriation, fiscal year 2016..................... +200,000
Budget request, fiscal year 2017.................... -479,000
The Executive Offices account funds the salaries and
expenses of the Immediate Office of the Secretary, the
Immediate Office of the Deputy Secretary, the Office of
Adjudicatory Services, the Office of Congressional and
Intergovernmental Relations, the Office of Public Affairs, the
Office of Small and Disadvantaged Business Utilization, and the
Center for Faith-Based and Neighborhood Partnerships.
The Immediate Office of the Secretary provides program and
policy guidance, and operations management and oversight in
administering all programs, functions, and authorities of the
Department.
The Immediate Office of the Deputy Secretary provides
operations management and helps the Department achieve its
strategic goals by providing management support to program
offices under the direction of the Office of the Secretary.
The Office of Adjudicatory Services, formerly known as the
Office of Hearings and Appeals, conducts hearings and makes
determinations regarding formal complaints or adverse actions
initiated by HUD based upon alleged violations of federal
statutes and implementing regulations.
The Office of the Assistant Secretary for Congressional and
Intergovernmental Relations is responsible for coordinating
Congressional and intergovernmental relations activities
involving program offices to ensure the effective and accurate
presentation of the Department's views.
The Office of Public Affairs educates the American people
about the Department's mission through media outreach and other
communication tools, such as press releases, press conferences,
the Internet, media interviews, new media, and community
outreach.
The Office of Small and Disadvantaged Business Utilization
provides small business program design and outreach to the
business community and serves as the central referral point for
small business regulatory compliance information.
The Center for Faith-based and Neighborhood Partnerships
conducts outreach, recommends changes to HUD policies and
programs that present barriers to grassroots organizations, and
initiates special projects, such as grant writing training.
COMMITTEE RECOMMENDATION
The committee recommends $14,000,000, which is $200,000
above the fiscal year 2016 enacted level and $479,000 below the
budget request.
The bill also provides that no more than $25,000 provided
under the immediate Office of the Secretary shall be available
for official reception and representation expenses as the
Secretary may determine.
Notice of HUD assistance.--HUD provides many different
types of financial assistance to accomplish the missions of
housing and development. Grants, loans, mortgages, contracts,
and cooperative agreements are provided in support of many
different types of stakeholders including individuals, public
housing authorities, not-for-profit organizations, states and
governors, mayors and cities, and landlords. As a consequence,
there is no single HUD point of contact in a given community,
or one single grant recipient and it is difficult to
comprehensively track all of HUD's investments, projects, and
programs across a single community. The Committee directs the
Secretary, either through the various program offices or
through technical assistance initiatives, to notify local
officials where HUD assistance is, or will be, used for new
construction, hazard remediation, or substantial rehabilitation
of multifamily units, public buildings, or other projects which
involve the construction of or rehabilitation of properties
other than single family homes.
ADMINISTRATIVE SUPPORT OFFICES
Appropriation, fiscal year 2016....................... $559,100,000
Budget request, fiscal year 2017...................... 520,062,000
Recommended in the bill............................... 516,000,000
Bill compared with:
Appropriation, fiscal year 2016..................... -43,100,000
Budget request, fiscal year 2017.................... -4,062,000
The Administrative Support Offices account funds the
salaries and expenses of the Office of Administration, the
Office of the Chief Human Capital Officer, the Office of
General Counsel, the Office of the Chief Financial Officer, the
Office of the Chief Procurement Officer, the Office of
Departmental Equal Employment Opportunity, the Office of Field
Policy and Management, the Office of Strategic Planning and
Management, and the Office of the Chief Information Officer.
The Office of Administration provides general operational
support services to all offices and divisions throughout HUD.
These services include HUD's non-information technology
infrastructure in the following areas: nationwide management
and operation of buildings, Freedom of Information Act (FOIA)
processing, records management, Privacy Act administration,
protective and physical security for HUD's Secretary and Deputy
Secretary, and disaster and emergency response coordination.
The Office of the Chief Human Capital Officer provides
human resource services to all offices and divisions throughout
HUD. These services include HUD's non-information technology
infrastructure in the following areas: strategic human capital
management, enterprise level training and learning, recruitment
and staffing, workforce planning, retention, engagement,
succession planning and Departmental performance management.
The Office of Field Policy and Management (FPM) serves as
the principal advisor providing oversight and communicating
Secretarial priorities and policies to field office staff and
HUD clients. The Regional and Field Office Directors act as the
operational managers in each of the field offices and manage
and coordinate cross-program delivery in the field.
The Office of the Chief Procurement Officer's (OCPO)
mission is to provide high-quality acquisition support services
to all HUD program offices by purchasing necessary operational
and mission-related goods and services; provide advice,
guidance, and technical assistance to all departmental offices
on matters concerning procurement; assist program offices in
defining and specifying their procurement needs; develop and
maintain all procurement guidance, including regulations,
policies, and procedures; and assist in the development of
sound acquisition strategies.
The Office of the Chief Financial Officer (OCFO) provides
leadership in instituting financial integrity, fiscal
responsibility, and accountability. The CFO is responsible for
all aspects of financial management, accounting, and budgetary
matters; ensuring the Department establishes and meets
financial management goals and objectives; ensuring the
Department is in compliance with financial management
legislation and directives; analyzing budgetary implications of
policy and legislative proposals; and providing technical
oversight with respect to all budget activities throughout the
Department.
The Office of the Chief Information Officer (OCIO) is led
by the Chief Information Officer (CIO) who reports to the
Office of the Secretary/Deputy Secretary. HUD's CIO advises
senior managers on the strategic use of information technology
to support core business processes and to achieve mission
critical goals. OCIO is responsible for providing modern
information technology that is secure, accessible and cost
effective while ensuring compliance with applicable regulatory
requirements.
The General Counsel, as the chief legal officer and legal
voice of the Department, is the legal adviser to the Secretary
and other principal staff of the Department. It is the
responsibility of the Office of the General Counsel (OGC) to
provide legal opinions, advice and services with respect to all
programs and activities, and to provide counsel and assistance
in the development of the Department's programs and policies.
The mission of the Office of Departmental Equal Employment
Opportunity (ODEEO) is to ensure the enforcement of Federal
laws relating to the elimination of all forms of discrimination
in the Department's employment practices. The mission is
carried out through the functions of three divisions: the
Affirmative Employment division, the Alternative Dispute
Resolution division, and the Equal Employment Opportunity
division.
The Office of Strategic Planning and Management drives
organizational, programmatic, and operational change across the
Department to maximize efficiency and performance. The office
facilitates HUD's strategic planning process by identifying the
Department's strategic priorities and transformational change
initiatives, creating and managing work plans for targeted
transformation projects, and developing key program performance
measures and targets for monitoring.
COMMITTEE RECOMMENDATION
The Committee recommends $516,000,000 for this account,
which is $43,100,000 below the fiscal year 2016 enacted level
and $4,062,000 below the budget request.
Funding specified for each office is as follows:
------------------------------------------------------------------------
Office Amount
------------------------------------------------------------------------
Office of Administration................................ $202,500,000
Office of the Chief Financial Officer................... 53,500,000
Office of the General Counsel........................... 95,250,000
Office of the Chief Human Capital Officer............... 40,250,000
Office of Field Policy and Management................... 51,250,000
Office of the Chief Procurement Officer................. 19,000,000
Office of the Departmental Equal Employment Opportunity. 3,500,000
Office Strategic Planning and Management................ 4,500,000
Office of the Chief Information Officer................. 46,250,000
------------------------------------------------------------------------
Program Office Salaries and Expenses
PUBLIC AND INDIAN HOUSING
Appropriation, fiscal year 2016....................... $205,500,000
Budget request, fiscal year 2017...................... 220,932,000
Recommended in the bill............................... 216,000,000
Bill compared with:
Appropriation, fiscal year 2016..................... +10,500,000
Budget request, fiscal year 2017.................... -4,932,000
The Office of Public and Indian Housing (PIH) oversees the
administration of HUD's Public Housing, Housing Choice Voucher,
and Native American Programs. PIH is responsible for
administering and managing programs authorized and funded by
Congress under the basic provisions of the U. S. Housing Act of
1937.
COMMITTEE RECOMMENDATION
The Committee recommends $216,000,000 for this account,
which is the $10,500,000 above the level enacted in fiscal year
2016, and $4,932,000 below the fiscal year 2017 budget request.
COMMUNITY PLANNING AND DEVELOPMENT
Appropriation, fiscal year 2016....................... $104,800,000
Budget request, fiscal year 2017...................... 110,259,000
Recommended in the bill............................... 109,000,000
Bill compared with:
Appropriation, fiscal year 2016..................... +4,200,000
Budget request, fiscal year 2017.................... -1,259,000
The Office of Community Planning and Development (CPD)
assists communities in their efforts to provide affordable
housing and expanded economic opportunities for low and
moderate-income persons. The primary means toward this end is
the development of partnerships among all levels of government
and the private sector. This Office is responsible for the
effective administration of Community Development Block Grants
(CDBG), the Home Investment Partnership (HOME), Homeless
Assistance Grants, and other HUD community development
programs.
COMMITTEE RECOMMENDATION
The Committee recommends $109,000,000 for this account,
which is $4,200,000 above the level enacted in fiscal year
2016, and $1,259,000 below the budget request.
HOUSING
Appropriation, fiscal year 2016....................... $375,000,000
Budget request, fiscal year 2017...................... 393,148,000
Recommended in the bill............................... 387,000,000
Bill compared with:
Appropriation, fiscal year 2016..................... +12,000,000
Budget request, fiscal year 2017.................... -6,148,000
The Office of Housing implements programmatic, regulatory,
financial, and operational responsibilities under the
leadership of six deputy assistant secretaries and the field
staff for activities related to Federal Housing Administration
(FHA) multifamily and single family homeownership programs, and
assisted rental housing programs.
COMMITTEE RECOMMENDATION
The Committee recommends $387,000,000 for this account,
which is $12,000,000 above the level enacted in fiscal year
2016, and $6,148,000 below the budget request. The Committee
expects the Department to leverage the reorganization of the
office of multifamily to realize budgetary savings and to
reallocate resources to other baseline functions.
POLICY DEVELOPMENT AND RESEARCH
Appropriation, fiscal year 2016....................... $23,100,000
Budget request, fiscal year 2017...................... 24,500,000
Recommended in the bill............................... 23,000,000
Bill compared with:
Appropriation, fiscal year 2016..................... -100,000
Budget request, fiscal year 2017.................... -1,500,000
The Office of Policy Development and Research (PD&R)
directs the Department's annual research agenda to support the
research and evaluation of housing and other departmental
initiatives to improve HUD's effectiveness and operational
efficiencies. Research proposals are determined through
consultation with senior staff from each HUD program office,
the Office of Management and Budget, and Congress.
COMMITTEE RECOMMENDATION
The Committee recommends $23,000,000 for this account,
which is $100,000 below the level enacted in fiscal year 2016
and $1,500,000 below the budget request.
FAIR HOUSING AND EQUAL OPPORTUNITY
Appropriation, fiscal year 2016....................... $72,000,000
Budget request, fiscal year 2017...................... 74,235,000
Recommended in the bill............................... 72,000,000
Bill compared with:
Appropriation, fiscal year 2016..................... - - -
Budget request, fiscal year 2017.................... -2,235,000
The Office of Fair Housing and Equal Opportunity (FHEO) is
responsible for developing policies and guidance, and for
providing technical support for enforcement of the Fair Housing
Act and the civil rights statutes. FHEO serves as the central
point for the formulation, clearance and dissemination of
policies, intra-departmental clearances, and public information
related to fair housing issues. FHEO receives, investigates,
conciliates and recommends the issuance of charges of
discrimination and determinations of non-compliance for
complaints filed under Title VIII and other civil rights
authorities. Additionally, FHEO conducts civil rights
compliance reviews and compliance reviews under Section 3.
COMMITTEE RECOMMENDATION
The Committee recommends $72,000,000 for this account,
which is the same as the level enacted in fiscal year 2016 and
$2,235,000 below the budget request.
OFFICE OF LEAD HAZARD CONTROL AND HEALTHY HOMES
Appropriation, fiscal year 2016....................... $7,000,000
Budget request, fiscal year 2017...................... 7,826,000
Recommended in the bill............................... 8,000,000
Bill compared with:
Appropriation, fiscal year 2016..................... +1,000,000
Budget request, fiscal year 2017.................... +174,000
The Office of Healthy Homes and Lead Hazard Control
(OHHLHC) is directly responsible for the administration of the
Lead-Based Paint Hazard Reduction program authorized by Title X
of the Housing and Community Development Act of 1992. The
office also addresses multiple housing-related hazards
affecting the health of residents, particularly children. The
office develops lead-based paint regulations, guidelines, and
policies applicable to HUD programs, and enforces the Lead
Disclosure Rule issued under Title X.
COMMITTEE RECOMMENDATION
The Committee recommends $8,000,000 for this account, which
is $1,000,000 above the fiscal year 2016 enacted level and
$174,000 above the budget request.
WORKING CAPITAL FUND
(INCLUDING TRANSFER OF FUNDS)
The Department of Housing and Urban Development's Working
Capital Fund (WCF) was established by the Consolidated
Appropriations Act, 2016 to consolidate by transfer resources
that support certain centrally performed administrative
functions. The purpose of the WCF is to promote economy,
efficiency, and accountability among the various HUD offices
that rely on these functions.
COMMITTEE RECOMMENDATION
The Committee recommendation provides the Secretary with
the authority to transfer amounts provided in this title for
salaries and expenses, except those for the Office of Inspector
General, to this account for the purpose of funding centralized
activities. The Department is required to centralize and fund
from this account any shared service agreements executed
between HUD and another federal agency. For fiscal year 2017,
the Department is permitted to centralize and fund from this
account: financial management, procurement, travel, relocation,
human resources, printing, records management, space
renovation, furniture, and supply services. The Committee
expects that, prior to exercising discretion to centrally fund
an activity, the Secretary shall have established transparent
and reliable unit cost accounting for the offices and agencies
of the Department that use the activity, and shall have
adequately trained staff within each affected office and agency
on resource planning and accounting processes associated with
the centralization of funds to this account.
Further, prior to centralizing either furniture or space
renovation, the Committee directs the Department to deliver a
comprehensive, multi-year real property improvement plan that
details all planned space realignments, capital improvements,
maintenance requirements, and other costs associated with
carrying out HUD's most recent strategic plan, including any
elements of the General Service Administration (GSA) study on
the Weaver Building that HUD plans to include as part of its
Reimbursable Work Agreement with GSA.
Prior to exercising its authority to transfer funds for
activities beyond what is required for shared service
agreements, the Committee expects HUD to establish a clear
execution plan for centralizing the additional activities, and
to transmit that plan to the House and Senate Committees on
Appropriations 30 days prior to transferring such funds into
the WCF.
HUD shall include in its annual operating plan a detailed
outline of its plans for transferring budgetary resources to
the WCF in fiscal year 2017.
Public and Indian Housing
TENANT-BASED RENTAL ASSISTANCE
Appropriation, fiscal year 2016....................... $19,628,525,000
Budget request, fiscal year 2017...................... 20,854,000,000
Recommended in the bill............................... 20,188,675,000
Bill compared with:
Appropriation, fiscal year 2016..................... +560,150,000
Budget request, fiscal year 2017.................... -665,325,000
In fiscal year 2005, the Housing Certificate Fund was
separated into two new accounts: Tenant-Based Rental Assistance
and Project-Based Rental Assistance. This account administers
the tenant-based Section 8 rental assistance program otherwise
known as the Housing Choice Voucher program.
COMMITTEE RECOMMENDATION
The Committee recommends $20,188,675,000 for tenant-based
rental assistance, which is $560,150,000 above the fiscal year
2016 enacted level and $665,325,000 below the budget request.
Consistent with the budget request, the Committee continues the
advance of $4,000,000,000 of the funds appropriated under this
heading for Section 8 programs to October 1, 2017.
Voucher renewals.--The Committee provides $18,311,675,000
for the renewal of tenant-based vouchers. This level is
$630,224,000 above the fiscal year 2016 enacted level and
$135,325,000 below the budget request. The Committee directs
the Department to monitor and report to the House and Senate
Committees on Appropriations each quarter on the trends in
Section 8 subsidies and to report on the required program
alterations due to changes in rent or changes in tenant income.
The Committee recommendation does not include bill language
proposed in the budget request for new special purpose
vouchers. However, the Committee encourages HUD to facilitate
the issuance of vouchers for vulnerable populations, including
families that face homelessness, as vouchers become available
to PHAs upon turnover.
Veterans affairs supportive housing (VASH).--The Committee
provides funding to renew approximately 86,000 existing VASH
vouchers to continue the effort to eliminate homelessness among
our Nation's veterans.
Vouchers for homeless Native American veterans.--The
Committee provides $7,000,000 for renewal of vouchers for
Native American veterans who are homeless or at risk of
homelessness living on or near a reservation, or other Indian
areas. This program was first funded in fiscal year 2015, and
because of the unique nature of the program, a separate renewal
line is required.
Homeless veterans on U.S.-Mexico border.--The Committee
notes that there are many homeless veterans living on the U.S.-
Mexico border, many of whom have not historically been counted
in the Point-In-Time Homeless Survey. The Committee directs HUD
to develop strategies and recommendations for addressing and
reducing U.S. veteran homelessness in the U.S. on the border.
Tenant protection.--The Committee provides $110,000,000 for
tenant protection vouchers, which is $20,000,000 below the
fiscal year 2016 enacted level and the same as the budget
request.
Administrative fees.--The Committee provides $1,650,000,000
for allocations to public housing authorities (PHAs) to conduct
activities associated with placing and maintaining individuals
under Section 8 assistance. This amount is equal to the fiscal
year 2016 enacted level and $427,000,000 below the budget
request.
Mainstream voucher renewals.--The Committee provides
$110,000,000 to renew expiring Section 811 tenant-based
subsidies. This level is $2,926,000 above the fiscal year 2016
enacted level and equal to the budget request. The Committee
directs HUD to issue guidance to the housing agencies
administering these vouchers to continue to serve people with
disabilities upon turnover.
PHA notification.--The Committee continues in bill language
the direction to the Department to communicate to each PHA,
within 60 days of enactment, the amount that will be made
available to each PHA for fiscal year 2017. The amount provided
in this account is the only source of federal funds that may be
used to renew tenant-based vouchers. The amounts appropriated
here may not be augmented from any other source.
Public housing assessment system.--The Committee directs
HUD to study and report back to the Committee on potential
changes to the Public Housing Assessment System for PHAs that
operate 550 or fewer public housing units and Housing Choice
Vouchers combined by taking into consideration physical
inspections and an annual financial assessment based on current
assets and liabilities. The Department shall update the House
and Senate Committees on Appropriations of their findings
within 180 days of enactment of this Act. The Committee remains
interested in ways to reduce onerous regulations for small
public housing authorities.
Over-income residents.--The Committee encourages HUD to
continue to work with PHAs to reduce the number of residents in
public housing who are over-income and to address the demand
for affordable housing by low-income individuals and families
on waiting lists. The Committee emphasizes that, in addressing
the issue of over-income residents, the Department should not
impede policies that increase self-sufficiency of residents.
The Committee directs HUD to provide a report to the Committee
identifying measures the Department is taking to address over-
income tenants no later than 180 days after enactment.
The Committee has been looking at barriers to permanent
housing that youth face when exiting foster care. The Committee
encourages HUD and PHAs to reevaluate their policies to ensure
that youth exiting foster care transition to housing without
experiencing homelessness. When eligible, these youth should
receive consideration for tenant based rental assistance and
other forms of permanent housing assistance. HUD is directed to
notify the House and Senate Committees on Appropriations if the
provisions of Section 213 of this Act pose a barrier to
providing such assistance.
The Committee is concerned about reports that some public
housing authorities are requiring residents to declaw their pet
cats, although HUD regulations do not contain such a
requirement. The Committee urges HUD to notify all PHAs that
declawing is not required in public housing under HUD policy.
RENTAL ASSISTANCE DEMONSTRATION
Appropriation, fiscal year 2016....................... - - -
Budget request, fiscal year 2017...................... $50,000,000
Recommended in the bill............................... - - -
Bill compared with:
Appropriation, fiscal year 2016..................... - - -
Budget request, fiscal year 2017.................... -50,000,000
The Rental Assistance Demonstration (RAD) was authorized in
fiscal year 2012 to preserve public housing by enabling Public
Housing Authorities to use a portion of their operating and
capital funds to leverage private sector funding to
recapitalize their housing stock and maintain their units of
affordable housing primarily through the conversion to long-
term Section 8 rental assistance contracts. The budget request
includes a request of $50,000,000 for an expansion of the
program to public housing properties that cannot convert their
housing at their existing funding levels, and to include
Section 202 Project Rental Assistance Contracts (PRAC)
properties.
COMMITTEE RECOMMENDATION
The Committee does not provide a separate line of funding
or expanded authorities requested for the program. The
Committee believes that the current cap of 185,000 units
eligible for conversion will allow a significant number of PHAs
to undertake RAD conversions in fiscal year 2017, as
conversions have been completed on only a fraction of the
185,000 total unit cap.
HOUSING CERTIFICATE FUND
(RESCISSION)
The Housing Certificate Fund, until fiscal year 2005,
provided funding for both the project-based and tenant-based
components of the Section 8 program. Project-Based Rental
Assistance and Tenant-Based Rental Assistance are now
separately funded accounts. The Housing Certificate Fund
retains balances from previous years' appropriations.
COMMITTEE RECOMMENDATION
Language is included to allow unobligated balances from
specific accounts to renew or amend Project-Based Rental
Assistance contracts.
PUBLIC HOUSING CAPITAL FUND
Appropriation, fiscal year 2016....................... $1,900,000,000
Budget request, fiscal year 2017...................... 1,865,000,000
Recommended in the bill............................... 1,900,000,000
Bill compared with:
Appropriation, fiscal year 2016..................... - - -
Budget request, fiscal year 2017.................... +35,000,000
The public housing capital fund provides funding for public
housing capital programs, including public housing development
and modernization. Examples of capital modernization projects
include replacing roofs and windows, improving common spaces,
upgrading electrical and plumbing systems, and renovating the
interior of an apartment.
COMMITTEE RECOMMENDATION
The Committee recommends $1,900,000,000 for the public
housing capital fund, which is the same as the fiscal year 2016
enacted level and $35,000,000 above the budget request.
Within the amounts provided, the Committee directs that:
--No more than $10,000,000 is directed to support the
ongoing public housing financial and physical assessment
activities of the Real Estate Assessment Center;
--Up to $1,000,000 is for administrative and judicial
receiverships;
--Up to $20,000,000 is made available for emergency capital
needs, excluding Presidentially-declared disasters. The
Committee includes language to ensure that funds are used only
for repairs needed due to an unforeseen and unanticipated
emergency event or natural disaster that occurs during fiscal
year 2017, or for certain security measures;
--$35,000,000 is for the Resident Opportunity and Self-
Sufficiency (ROSS) program; and
--$15,000,000 is provided for the Jobs Plus program to
improve employment opportunities and earnings of public housing
residents.
Physical needs assessment prohibition.--The Committee has
included bill language prohibiting funds for HUD's Physical
Needs Assessment (PNA) requirement for PHAs. Implementation of
PNA requirements on PHAs unnecessarily increase administrative
burdens on PHAs and appear to have no operational benefit for
local housing programs.
PUBLIC HOUSING OPERATING FUND
Appropriation, fiscal year 2016....................... $4,500,000,000
Budget request, fiscal year 2017...................... 4,569,000,000
Recommended in the bill............................... 4,500,000,000
Bill compared with:
Appropriation, fiscal year 2016..................... - - -
Budget request, fiscal year 2017.................... -69,000,000
The public housing operating fund subsidizes the costs
associated with operating and maintaining public housing. This
subsidy supplements funding received by public housing
authorities from tenant rent contributions and other income. In
accordance with section 9 of the United States Housing Act of
1937, as amended, funds are allocated by formula to public
housing authorities for the following purposes: utility costs;
anti-crime and anti-drug activities, including the costs of
providing adequate security; routine maintenance cost;
administrative costs; and general operating expenses.
COMMITTEE RECOMMENDATION
The Committee recommends $4,500,000,000 for the federal
share of PHA operating expenses. This amount is the same as the
fiscal year 2016 enacted level and $69,000,000 below the budget
request.
CHOICE NEIGHBORHOODS INITIATIVE
Appropriation, fiscal year 2016....................... $125,000,000
Budget request, fiscal year 2017...................... 200,000,000
Recommended in the bill............................... 100,000,000
Bill compared with:
Appropriation, fiscal year 2016..................... -25,000,000
Budget request, fiscal year 2017.................... -100,000,000
COMMITTEE RECOMMENDATION
The Committee recommends $100,000,000 for the Choice
Neighborhoods Initiative Program, which is $25,000,000 below
the 2016 enacted level and $100,000,000 below the budget
request. The Committee encourages the Department to give prior
year planning grant recipients priority consideration when
awarding implementation grants.
FAMILY SELF SUFFICIENCY
Appropriation, fiscal year 2016....................... $75,000,000
Budget request, fiscal year 2017...................... 75,000,000
Recommended in the bill............................... 75,000,000
Bill compared with:
Appropriation, fiscal year 2016..................... - - -
Budget request, fiscal year 2017.................... - - -
The Family Self-Sufficiency program funds coordinators to
help HUD-assisted residents achieve economic independence.
COMMITTEE RECOMMENDATION
The Committee provides $75,000,000 to support the Family
Self-Sufficiency program. This is the same as the fiscal year
2016 enacted level and the same as the budget request. The
Committee expects the Department to prioritize assistance to
individuals and families that results in job stability,
increased tenant incomes, and greater rent contributions.
NATIVE AMERICAN HOUSING BLOCK GRANTS
Appropriation, fiscal year 2016....................... $650,000,000
Budget request, fiscal year 2017...................... 700,000,000
Recommended in the bill............................... 655,000,000
Bill compared with:
Appropriation, fiscal year 2016..................... +5,000,000
Budget request, fiscal year 2017.................... -45,000,000
The Native American Housing Block Grants program,
authorized by the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4111 et seq.), provides
funds to American Indian tribes and their Tribally Designated
Housing Entities (TDHEs) to address affordable housing needs
within their communities.
COMMITTEE RECOMMENDATION
The Committee recommends $655,000,000 for Native American
Housing Block Grants, which is $5,000,000 above the fiscal year
2016 enacted level and $45,000,000 below the budget request.
--$3,500,000 is for organizations representing Native
American housing interests to provide training and technical
assistance to Indian housing authorities and TDHEs. Of this
amount, no less than $2,000,000 is for a national organization
as authorized under NAHASDA.
--$2,000,000 is for Title VI loan guarantees up to
$17,857,142.
Bill language is included to reduce formula allocation
funding from any grantee that has an unexpended balance greater
than three times its formula allocation, unless that grantee's
formula allocation is less than $8,000,000.
NATIVE HAWAIIAN HOUSING BLOCK GRANT
Appropriation, fiscal year 2016....................... - - -
Budget request, fiscal year 2017...................... $500,000
Recommended in the bill............................... - - -
Bill compared with:
Appropriation, fiscal year 2016..................... - - -
Budget request, fiscal year 2017.................... -500,000
The Native Hawaiian Housing Block Grant program provides
grants to the State of Hawaii Department of Hawaiian Home Lands
for housing and housing-related assistance to develop, maintain
and operate affordable housing for eligible low-income native
Hawaiian families.
COMMITTEE RECOMMENDATION
The Committee does not recommend funding for this program,
which is the same as the fiscal year 2016 enacted level and
$500,000 below the budget request.
INDIAN HOUSING LOAN GUARANTEE FUND PROGRAM ACCOUNT
Credit subsidy:
Appropriation, fiscal year 2016..................... $7,500,000
Budget request, fiscal year 2017.................... 5,500,000
Recommended in the bill............................. 5,500,000
Bill compared with:
Appropriation, fiscal year 2016..................... -2,000,000
Budget request, fiscal year 2017.................... - - -
Limitation on guaranteed loans:
Appropriation, fiscal year 2016..................... 1,190,476,190
Budget request, fiscal year 2017.................... 1,341,463,415
Recommended in the bill............................. 1,341,463,415
Bill compared with:
Appropriation, fiscal year 2016..................... +150,987,000
Budget request, fiscal year 2017.................... - - -
Section 184 of the Housing and Community Development Act of
1992 establishes a loan guarantee program for Native American
individuals and housing authorities to build new housing or
purchase existing housing on trust land. This program provides
access to private financing that otherwise might be unavailable
because of the unique legal status of Indian trust land.
COMMITTEE RECOMMENDATION
The Committee recommends $5,500,000 in new credit subsidy
for the Section 184 loan guarantee program, which is $2,000,000
below the fiscal year 2016 enacted level and the same as the
budget request. This will guarantee a loan volume of
$1,341,463,415, which is $150,987,000 above the fiscal year
2016 enacted level and the same as the budget request.
Community Planning and Development
Appropriation, fiscal year 2016....................... $6,650,700,000
Budget request, fiscal year 2017...................... 6,829,000,000
Recommended in the bill............................... 6,882,000,000
Bill compared with:
Appropriation, fiscal year 2016..................... +231,300,000
Budget request, fiscal year 2017.................... +53,000,000
The Office of Community Planning and Development (CPD) is
responsible for administering the Community Development Block
Grants (CDBG), the Home Investment Partnership (HOME), Housing
Opportunities for Persons with AIDS (HOPWA), Homeless
Assistance Grants (HAG), and other HUD community development
programs. Most of these programs pass Federal funds through to
state and local governments and other entities to address
housing and development needs.
COMMITTEE RECOMMENDATION
The Committee recommends $6,882,000,000 for Community
Planning and Development programs, which is $231,300,000 above
the fiscal year 2016 enacted level and $53,000,000 above the
budget request.
HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS
Appropriation, fiscal year 2016....................... $335,000,000
Budget request, fiscal year 2017...................... 335,000,000
Recommended in the bill............................... 335,000,000
Bill compared with:
Appropriation, fiscal year 2016..................... - - -
Budget request, fiscal year 2017.................... - - -
The Housing Opportunities for Persons with AIDS (HOPWA)
program provides states and localities with resources to
address the housing needs of low-income persons living with
HIV/AIDS. Funding is distributed by formula to qualifying
states and metropolitan areas based on the cumulative
incidences of AIDS reported to the Centers for Disease Control.
Government recipients are required to have a HUD-approved
Comprehensive Plan or Comprehensive Housing Affordability
Strategy.
COMMITTEE RECOMMENDATION
The Committee recommends a total of $335,000,000 for the
HOPWA program, which is the same as the fiscal year 2016
enacted level and the same as the budget request. The Committee
recommendation includes formula grants and funding for the
renewal of certain expiring contracts that were previously
funded under HOPWA competitive grants.
Formula modernization.--The current HOPWA formula, which is
based on cumulative AIDS cases and area incidence, no longer
reflects the nature of an epidemic that has been transformed by
both advances in HIV health care and surveillance, and by the
increasingly disproportionate impact of the virus on
communities of poverty and color. The Committee encourages the
Department to work with the authorizing committees on any
additional statutory authority needed to modernize the HOPWA
formula.
COMMUNITY DEVELOPMENT FUND
Appropriation, fiscal year 2016....................... $3,060,000,000
Budget request, fiscal year 2017...................... 2,880,000,000
Recommended in the bill............................... 3,060,000,000
Bill compared with:
Appropriation, fiscal year 2016..................... - - -
Budget request, fiscal year 2017.................... +180,000,000
The Community Development Fund, authorized by the Housing
and Community Development Act of 1974 (42 U.S.C. 5301 et seq.),
provides funding, primarily through Community Development Block
Grants, to state and local governments and other eligible
entities to carry out community and economic development
activities.
COMMITTEE RECOMMENDATION
The Committee recommends a total of $3,060,000,000 for the
Community Development Fund account, which is the same as the
fiscal year 2016 enacted level and $180,000,000 above the
budget request.
Of the amounts made available:
--$3,000,000,000 is for the Community Development Block
Grants (CDBG) formula program for entitlement communities and
states. This is the same as the fiscal year 2016 enacted level
and $200,000,000 above the budget request; and
--$60,000,000 is for the Native American Housing and
Economic Development Block Grant (also known as ``Indian
CDBG''), which is the same as the fiscal year 2016 enacted
level and $20,000,000 below the budget request.
Of the amount provided for the CDBG formula program,
$7,000,000 is for insular areas, per 42 U.S.C. 5306(a)(2),
which is the same as the fiscal year 2016 enacted level and the
budget request. The recommendation continues language requiring
the Department to notify grantees of their formula allocation
within 60 days of enactment of this Act.
Entitlement community eligibility.--The Committee has not
included language establishing a minimum grant amount necessary
to become or remain an entitlement community. The Committee is
concerned about the impact of this change on smaller
communities. Under the proposal, communities that would
otherwise have directly received funding would have to compete
with other communities for a portion of the funding allocated
to their state. The Committee notes that communities that have
voluntarily joined an urban county for purposes of CDBG
allocations have achieved similar efficiencies.
Veterans service organizations.--The Committee encourages
the Department to examine ways to work with existing, eligible
veterans service organizations to improve their facilities
through the community development block grant program. The
Committee recognizes the important role local veterans service
organizations play in community development and support.
National disaster resilience competition.--The Disaster
Relief Appropriations Act (P.L. 113-2) provided much needed
resources to assist the victims of Superstorm Sandy. However,
despite concerns from Congressional delegations from affected
states, HUD went forward with a $1 billion national disaster
resilience competition (NRDC). The results of this competition
have furthered concerns regarding the allocation of funding for
NRDC. The Committee directs the Secretary to provide a report
to the House and Senate Committees on Appropriations within 60
days of enactment which details the process by which HUD
decided to create such a competition and how awards were
determined. The report shall include an analysis of need in
communities that still have unmet needs as a result of
Superstorm Sandy, and an explanation of why NRDC funding was
not directed to address those unmet needs.
Low-moderate income data.--The Committee directs HUD to
publish the margin of error at the place level for the low-and-
moderate income (LMI) American Community Survey data HUD used
to determine CDBG eligibility for each place that has a margin
of error that is 20% or greater. The Committee expects HUD to
make this data public within 90 days of enactment of this Act.
COMMUNITY DEVELOPMENT LOAN GUARANTEES PROGRAM ACCOUNT
------------------------------------------------------------------------
Limitation on
Budget Authority guaranteed loans
------------------------------------------------------------------------
Appropriation, fiscal year 2016. - - - ($300,000,000)
Budget request, fiscal year 2017 - - - ($300,000,000)
Recommended in the bill......... - - - ($300,000,000)
Bill compared with:.............
Appropriation, fiscal year - - - - - -
2016...........................
Budget request, fiscal year - - - - - -
2017...........................
------------------------------------------------------------------------
The Section 108 Loan Guarantee program is a source of
variable and fixed-rate financing for communities undertaking
projects eligible under the Community Development and Block
Grant (CDBG) program. Such activities may include economic
development, housing rehabilitation, public facilities, and
large-scale physical development projects, By pledging their
current and future CDBG allocations to cover the loan amount as
security, communities are able to finance large-scale projects
with a federally guaranteed loan. HUD may require additional
security for a loan, as determined on a case-by-case basis.
COMMITTEE RECOMMENDATION
The Committee recommendation continues the Section 18 Loan
Guarantee program as a borrower-paid subsidy program, and
therefore recommends providing no budget authority, which is
the same as fiscal year 2016 enacted and the budget request.
The Committee also accepts the requested limit on guaranteed
loan volume of $300,000,000 which is the same as the fiscal
year 2016 enacted level.
HOME INVESTMENT PARTNERSHIPS PROGRAM
Appropriation, fiscal year 2016....................... $950,000,000
Budget request, fiscal year 2017...................... 940,000,000
Recommended in the bill............................... 950,000,000
Bill compared with:
Appropriation, fiscal year 2016..................... - - -
Budget request, fiscal year 2017.................... +10,000,000
The HOME investment partnerships program provides block
grants to participating jurisdictions (states, units of local
government, Indian tribes, and insular areas) to undertake
activities that expand the supply of affordable housing in the
jurisdiction. HOME block grants are distributed based on
formula allocations. Upon receipt of these Federal funds, state
and local governments develop a housing affordability strategy
to acquire, rehabilitate, or construct new affordable housing,
or to provide rental assistance to eligible families.
COMMITTEE RECOMMENDATION
The Committee recommends $950,000,000 for activities funded
under this account, which is the same as fiscal year 2016
enacted and $10,000,000 above the budget request.
People with disabilities and the elderly.--The Committee
encourages the Department and grantees to utilize HOME funds to
modernize, rehabilitate, and develop housing for people with
disabilities and the elderly. The Committee notes that HOME
funding is a flexible funding source that can leverage other
capital to address the shortage of housing for the elderly and
the disabled.
Statutory reforms.--The Committee does not include the
statutory reforms to HOME requested in the budget that would
eliminate communities from the program that receive less than
$500,000. HOME funding is a vital resource for communities
working to meet the needs of low-income families and
individuals in need of supportive housing, including veterans,
persons with disabilities, seniors and persons experiencing
homelessness. The program allows states and localities to
respond to individuals' most pressing housing needs. HOME
provides gap financing that is critical to the creation and
provision of affordable housing for the families who need it
the most.
SELF-HELP AND ASSISTED HOMEOWNERSHIP OPPORTUNITY PROGRAM
Appropriation, fiscal year 2016....................... $55,700,000
Budget request, fiscal year 2017...................... 10,000,000
Recommended in the bill............................... 50,000,000
Bill compared with:
Appropriation, fiscal year 2016..................... -5,700,000
Budget request, fiscal year 2017.................... +40,000,000
Self-Help Homeownership Opportunity Program (SHOP) funds
are distributed through grants to nonprofit organizations and
consortia that have experience in providing or facilitating
self-help homeownership opportunities. Grant funds are used for
land acquisition and improvements associated with developing
new, decent dwellings for low-income persons, including those
living in colonias, using the self-help model.
Section 4 Capacity Building funds are set-aside within this
account for activities described under section 4(a) of the HUD
Demonstration Act of 1993 (42 U.S.C. 9816 note). Section 4
funds are awarded to a limited number of non-profits, which use
the funds to develop the capacity of community development
corporations (CDCs) and community housing development
organizations (CHDOs). The CDCs and CHDOs then undertake
community development and affordable housing activities.
Section 4 funds must be matched by recipients with at least
three times the grant amount in private funding.
COMMITTEE RECOMMENDATION
The Committee recommends $50,000,000 for this account which
includes $10,000,000 for SHOP, $35,000,000 for Section 4
capacity building, and $5,000,000 for capacity building grants
to national rural housing organizations that operate capacity
building activities in at least seven HUD regions. The
recommended funding level for each of these activities is
$5,700,000 below the fiscal year 2016 enacted level. The
Committee rejects the request to fund these activities through
other programs or under other accounts.
The Committee encourages that the Section 4 funds be
awarded competitively to a limited number of non-profits to aid
community development corporations and community housing
development organizations. Further, the Committee recognizes
that the Section 4 capacity building program strengthens lower-
income urban and rural communities through the expansion of
affordable housing units. The Committee recommends at least $5
million of the funds made available by the Section 4 Capacity
Building program be used for rural capacity building
activities.
HOMELESS ASSISTANCE GRANTS
Appropriation, fiscal year 2016....................... $2,250,000,000
Budget request, fiscal year 2017...................... 2,664,000,000
Recommended in the bill............................... 2,487,000,000
Bill compared with:
Appropriation, fiscal year 2016..................... +237,000,000
Budget request, fiscal year 2017.................... -177,000,000
The Homeless Assistance Grants account provides funding for
programs under title IV of the McKinney Act, as amended by the
Homeless Emergency Assistance and Rapid Transition to Housing
(HEARTH) Act of 2009. HEARTH Act programs include the Continuum
of Care (CoC) competitive grants, the Emergency Solutions
Grants (ESG) program, and the Rural Housing Stability Grants
program.
COMMITTEE RECOMMENDATION
The Committee recommends funding the homeless assistance
grant programs at $2,487,000,000, which is $237,000,000 above
the fiscal year 2016 enacted level and $177,000,000 below the
budget request. The recommendation includes funding to support
continuum of care project renewals of no less than
$2,014,000,000, at least $270,000,000 in formula emergency
solutions grants, and $40,000,000 for discretionary grants to
fund rapid re-housing or other critical activities in
communities that have recently lost significant capacity to
serve persons experiencing homelessness. Up to $7,000,000 is
available for the national homeless data analysis project.
Performance-driven funding awards.--Holding projects
accountable to their ability to demonstrate effectiveness
through performance data is essential to getting the most out
of limited federal resources. The recommendation continues
language which directs the Secretary to award an increasing
share of funding on the basis of system performance.
Continuum of care funding reallocation.--The recommendation
includes language that directs the Secretary to prioritize
funding to grantees that, when appropriate, reallocate funding
from lower performing projects to higher performing projects.
Reallocation drives higher return on investment and can also
serve as a mechanism for containing annual inflation.
Supplementary emergency solutions grant funding for
negatively impacted communities.--The Committee supports HUD's
efforts to ensure that the continuum of care program funds
high-quality, evidence-based projects through a rigorous
national competition based on performance. The actions taken by
the Department to increase competitiveness in the program have
been responsive to the Committee's direction. However, the
Committee also recognizes that changes of this nature may be
difficult for communities to implement at the local level, and
has included an appropriation of $40,000,000 to assist
communities that lost significant capacity in the national
competition. The Committee directs HUD to distribute this
allocation via a formula, as determined by the Secretary, to
the communities that lost the most funding in the continuum of
care program after January 1, 2016 relative to the total
funding the community was eligible to receive. Funds shall be
used in accordance with the emergency solutions grant (ESG)
program, shall be allocated to the largest ESG recipient in
each continuum of care, and shall be awarded at the same time
as the overall ESG allocation.
Technical assistance.--The Committee recommendation
provides at least $15,000,000 for technical assistance to
continuum of care communities. Of this amount, no less than
$5,000,000 shall fund technical assistance and capacity
building in communities with high need. HUD shall not exceed
the statutory cap on technical assistance.
Trauma-informed care.--The Committee recognizes the value
of trauma-informed care and housing services and supports
expanding the availability of these services to families,
families with children, and individuals that are currently or
on the verge of being homeless. Therefore, the Committee
directs the Department to report to the House and Senate
Committees on Appropriations within 180 days of enactment on
what steps can be taken to improve access to services across
all federal, state, and local homeless services, outreach, and
prevention programs.
Housing Programs
PROJECT BASED RENTAL ASSISTANCE
Appropriation, fiscal year 2016....................... $10,620,000,000
Budget request, fiscal year 2017...................... 10,816,000,000
Recommended in the bill............................... 10,901,000,000
Bill compared with:
Appropriation, fiscal year 2016..................... +281,000,000
Budget request, fiscal year 2017.................... +85,000,000
The Project-Based Rental Assistance account provides a
rental subsidy to a private landlord tied to a specific housing
unit so that the properties themselves, rather than the
individual living in the unit, remain subsidized. Amounts
provided in this account include funding for the renewal of
expiring project-based contracts, including Section 8, moderate
rehabilitation, and single room occupancy contracts, amendments
to Section 8 project-based contracts, and administrative costs
for contract administration.
COMMITTEE RECOMMENDATION
The Committee provides a total of $10,901,000,000,
including $400,000,000 provided as advance appropriations, for
the annual renewal of project-based contracts. This funding
level is $281,000,000 above the enacted level for fiscal year
2016 and $85,000,000 above the budget request. Up to
$235,000,000 is available for performance-based contract
administrators (PBCA).
Performance-based contract administrators.--PBCAs are
public housing agencies, as defined by 42 USC 1437(a), which
include state and local public housing authorities and their
instrumentalities. They are responsible for conducting on-site
management reviews of assisted properties, adjusting contract
rents, and reviewing, processing, and paying monthly vouchers,
among other tasks. The Committee notes that PBCAs are integral
to the Department's efforts to reduce improper payments,
protect residents, and ensure properties are well maintained.
The Committee directs the Department to solicit and award PBCA
contracts under full and open competition and without
geographic limitation in accordance with the Competition in
Contracting Act and the Federal Acquisition Regulation.
Notwithstanding any provision of state law, the Committee
rejects any attempt to weaken the PBCAs' comprehensive
oversight of the properties administered under their
management, diminish the applicability of federal law, or limit
out-of-state competition by reliance on letters from state
attorneys general, as seen in the 2012 NOFA process, or
otherwise.
HOUSING FOR THE ELDERLY
Appropriation, fiscal year 2016....................... $432,700,000
Budget request, fiscal year 2017...................... 505,000,000
Recommended in the bill............................... 505,000,000
Bill compared with:
Appropriation, fiscal year 2016..................... +72,300,000
Budget request, fiscal year 2017.................... - - -
The Housing for the Elderly (Section 202) program provides
eligible private, non-profit organizations with capital grants
to finance the acquisition, rehabilitation or construction of
housing intended for low income elderly people. In addition,
the program provides project-based rental assistance contracts
(PRAC) to support operational costs for units constructed under
the program.
COMMITTEE RECOMMENDATION
The Committee recommends $505,000,000, which is $72,300,000
above the fiscal year 2016 enacted level and equal to the
budget request. This amount will fully fund contract renewals
and amendments in fiscal year 2017 for the elderly program.
The recommendation allocates available funding as
follows:
$427,000,000 for the renewal and amendment of
project rental assistance contracts (PRAC);
Up to $75,000,000 for service coordinators and
the continuation of congregate services grants; and
$3,000,000 for property inspections and
related costs.
The Committee continues to include bill language
relating to the initial contract and renewal terms for
assistance provided under this heading and language
allowing these funds to be used for inspections and
analysis of data by HUD's REAC program office.
HOUSING FOR PERSONS WITH DISABILITIES
Appropriation, fiscal year 2016....................... $150,600,000
Budget request, fiscal year 2017...................... 154,000,000
Recommended in the bill............................... 154,000,000
Bill compared with:
Appropriation, fiscal year 2016..................... +3,400,000
Budget request, fiscal year 2017.................... - - -
The Housing for Persons with Disabilities (Section 811)
program provides eligible private, non-profit organizations
with capital grants to finance the acquisition, rehabilitation
or construction of supportive housing for disabled persons and
provides project-based rental assistance (PRAC) to support
operational costs for such units.
COMMITTEE RECOMMENDATION
The Committee recommends $154,000,000 for Section 811
activities, which is $3,400,000 above the fiscal year 2016
enacted level and equal to the budget request. This level will
fully fund the project rental assistance and project assistant
contract renewals and amendments in fiscal year 2017. The
Committee continues to include bill language allowing funds to
be used for inspections and analysis of data by HUD's REAC
program office.
HOUSING COUNSELING ASSISTANCE
Appropriation, fiscal year 2016....................... $47,000,000
Budget request, fiscal year 2017...................... 47,000,000
Recommended in the bill............................... 55,000,000
Bill compared with:
Appropriation, fiscal year 2016..................... +8,000,000
Budget request, fiscal year 2017.................... +8,000,000
Section 106 of the Housing and Urban Development Act of
1968 authorized HUD to provide housing counseling services to
homebuyers, homeowners, low and moderate income renters, and
the homeless.
COMMITTEE RECOMMENDATION
The Committee recommends $55,000,000 for Housing Counseling
Assistance, which is $8,000,000 above the fiscal year 2016
enacted level and equal to the budget request. The Committee
increases funding for HUD counseling activities to offset the
reduction in foreclosure mitigation counseling under the
Neighborhood Reinvestment Corporation appropriation.
The Committee retains bill language that provides two year
funding availability to allow HUD flexibility to obligate
recaptures and unobligated balances to support counseling
activity rather than allowing the funds to expire. The bill
retains language that requires HUD to make grants within 180
days of enactment, and allows multi-year agreements, subject to
the availability of annual appropriations.
The Committee encourages HUD to coordinate with FEMA's
flood insurance advocate to ensure HUD counselors located in
flood-prone states receive adequate training and information to
educate future homeowners on their potential flood risks,
associated flood insurance premiums, home mitigation measures
available proven to reduce flood risk, and any federal
assistance available for mitigation projects and activities.
RENTAL HOUSING ASSISTANCE
Appropriation, fiscal year 2016....................... $30,000,000
Budget request, fiscal year 2017...................... 20,000,000
Recommended in the bill............................... 20,000,000
Bill compared with:
Appropriation, fiscal year 2016..................... -10,000,000
Budget request, fiscal year 2017.................... - - -
The rental housing assistance account includes existing
long-term project-based rental assistance contracts covering
approximately affordable housing units under the rent
supplement and section 236 rental assistance payment (RAP)
programs. Enacted in 1965 and 1974 respectively, these programs
created affordable units for low-income families. Monthly
payments are made to project owners from existing contract
balances, and new budget authority for short-term extensions of
expiring contracts and annual contract amendments. Contract
amendments provide additional subsidy to below-market contracts
where rents have been constrained and owners are unable to
adequately service properties and perform ongoing maintenance.
COMMITTEE RECOMMENDATION
The Committee recommends $20,000,000 in funding for the
rental housing assistance program, which is $10,000,000 below
the fiscal year 2016 enacted level and equal to the budget
request. This appropriation will fully fund contract amendment
and extension needs in fiscal year 2017. The Committee
continues bill language that allows HUD to use unobligated
balances and recaptured funds for extensions and amendments.
PAYMENT TO MANUFACTURED HOUSING FEES TRUST FUND
Appropriation, fiscal year 2016....................... $10,500,000
Budget request, fiscal year 2017...................... 11,500,000
Recommended in the bill............................... 11,500,000
Bill compared with:
Appropriation, fiscal year 2016..................... +1,000,000
Budget request, fiscal year 2017.................... - - -
The National Manufactured Housing Construction and Safety
Standards Act of 1974, as amended by the Manufactured Housing
Improvement Act of 2000, authorizes the Secretary to establish
Federal manufactured home construction and safety standards for
the construction, design, and performance of manufactured
homes. All manufactured homes are required to meet the federal
standards, and fees are charged to producers to cover the costs
of administering the Act. HUD estimates that there are 8
million manufactured homes built since 1976 that are currently
in use.
COMMITTEE RECOMMENDATION
The Committee recommends up to $11,500,000 for the
manufactured housing standards programs to be derived from
certification label fees collected and deposited in the
manufactured housing fees trust fund, established pursuant to
the Manufactured Housing Improvement Act of 2000. The Committee
does not provide a direct appropriation for this account. The
recommendation is $1,000,000 above the fiscal year 2016 enacted
level, and equal to the budget request. This increase reflects
the growth in production since 2011, which is projected to
continue.
The Committee includes language allowing the Department to
collect fees from program participants for the dispute
resolution and installation programs. These fees are to be
deposited into the trust fund and may be used by the department
subject to the overall cap placed on the account.
The Committee urges HUD to work with the Department of
Energy to evaluate the cost of duplicative energy efficiency
standards as they relate to manufactured housing and eliminate
overlapping regulations.
Federal Housing Administration
MUTUAL MORTGAGE INSURANCE PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
----------------------------------------------------------------------------------------------------------------
Limitation of Limitation of Administrative
direct loans guaranteed loans contract expenses
----------------------------------------------------------------------------------------------------------------
Appropriation, fiscal year 2016..................... $5,000,000 $400,000,000,000 $130,000,000
Budget request, fiscal year 2017.................... 5,000,000 400,000,000,000 160,000,000
Recommended in the bill............................. 5,000,000 400,000,000,000 130,000,000
Bill compared to:
Appropriation, fiscal year 2016................... - - - - - - - - -
Budget request, fiscal year 2017.................. - - - - - - -30,000,000
----------------------------------------------------------------------------------------------------------------
The Federal Housing Administration's (FHA) mutual mortgage
insurance program account includes the mutual mortgage
insurance (MMI) and cooperative management housing insurance
funds. This program account covers unsubsidized programs,
primarily the single-family home mortgage program, which is the
largest of all the FHA programs. These include the Condominium,
Section 203(k) rehabilitation, and Home Equity Conversion
Mortgage programs (HECM) and the multifamily Cooperative
Management Housing Insurance Funds (CMHI). The cooperative
housing insurance program provides mortgages for cooperative
housing projects of more than five units that are occupied by
members of a cooperative housing corporation.
COMMITTEE RECOMMENDATION
The Committee recommends the following limitations on loan
commitments in the MMI program account: $400,000,000,000 for
loan guarantees and $5,000,000 for direct loans. The
recommendation also includes $130,000,000 for administrative
contract expenses.
The Committee's recommendation for administrative contract
expenses is equal to the fiscal year 2016 enacted level and
$30,000,000 below the budget request. Although the Committee is
committed to system automation, quality control efforts, and
risk management improvements; the Committee denies authority to
assess a new fee to augment administrative costs.
HECM.--The Committee includes bill language that lifts the
statutory aggregate cap of 275,000 HECM loan guarantees in
fiscal year 2017. The Committee has carried similar language in
prior years.
Eminent Domain.--The Committee continues to carry bill
language that prohibits financing of properties obtained
through eminent domain. The Committee continues to be concerned
about proposals for local governments to seize underwater
performing mortgages and then refinance them into an FHA
product. The Committee required HUD to submit a report on April
1, 2014 detailing the effects using eminent domain for these
purposes will have on the housing market, including FHA primary
and refinance market, as well as the broader mortgage market,
interest rates, homeownership, and affordability. The Committee
continues to await the delivery of this report, and continues
to prohibit HUD from financing mortgages for properties that
have been subject to eminent domain.
GENERAL AND SPECIAL RISK PROGRAM ACCOUNT
------------------------------------------------------------------------
Limitation of Limitation of
direct loans guaranteed loans
------------------------------------------------------------------------
Appropriation, fiscal year 2016. $5,000,000 30,000,000,000
Budget request, fiscal year 2017 5,000,000 30,000,000,000
Recommended in the bill......... 5,000,000 30,000,000,000
Bill compared to:
Appropriation, fiscal year - - - - - -
2016...........................
Budget request, fiscal year - - - - - -
2017...........................
------------------------------------------------------------------------
The Federal Housing Administration's (FHA) general
insurance and special risk insurance (GI and SRI) program
account includes 17 different programs administered by FHA. The
GI fund includes a wide variety of insurance programs for
special-purpose single and multifamily loans, including loans
for property improvements, manufactured housing, multifamily
rental housing, condominiums, housing for the elderly,
hospitals, group practice facilities, and nursing homes. The
SRI fund includes insurance programs for mortgages in older,
declining urban areas that would not be otherwise eligible for
insurance, mortgages with interest reduction payments, and
mortgages for experimental housing and for high-risk mortgagors
who would not normally be eligible for mortgage insurance
without housing counseling.
COMMITTEE RECOMMENDATION
The Committee recommends a limitation on loan guarantees of
$30,000,000,000, which is the same as the fiscal year 2016
enacted level and equal to the budget request. It includes a
limitation of $5,000,000 for direct loans, which is equal to
the fiscal year 2016 enacted level and equal to the budget
request. This program provides short-term purchase money
mortgages to allow non-profit and governmental agencies to
acquire single family properties and resell to low income
purchasers. However, use has declined recently due to the
shortage of state/local government subsidies needed to offset
participants' development costs associated with administering
the program.
The Committee encourages HUD to coordinate with FEMA's
flood insurance advocate and identify rehabilitation activities
eligible under section 203(k) that also fulfill FEMA's hazard
mitigation standards and to identify qualifying disaster
mitigation rehabilitation options on its website and other
promotional materials.
Government National Mortgage Association
GUARANTEES OF MORTGAGE BACKED SECURITIES LOAN GUARANTEE
PROGRAM ACCOUNT
------------------------------------------------------------------------
Limitation of Administrative
guaranteed loans contract expenses
------------------------------------------------------------------------
Appropriation, fiscal year 2016. $500,000,000,000 $23,000,000
Budget request, fiscal year 2017 500,000,000,000 23,300,000
Recommended in the bill......... 500,000,000,000 23,000,000
Bill compared to:
Appropriation, fiscal year - - - - - -
2016...........................
Budget request, fiscal year - - - - - -
2017...........................
------------------------------------------------------------------------
The Guarantees of Mortgage-Backed Securities Program
facilitates the financing of residential mortgage loans insured
or guaranteed by the Federal Housing Administration, the
Department of Veterans Affairs, and the Rural Housing Services
program. The Government National Mortgage Association (GNMA)
guarantees the timely payment of principal and interest on
securities issued by private service institutions such as
mortgage companies, commercial banks, savings banks, and
savings and loan associations that assemble pools of mortgages
and issue securities backed by the pools. In turn, investment
proceeds are used to finance additional mortgage loans.
Investors include non-traditional sources of credit in the
housing market such as pension and retirement funds, life
insurance companies, and individuals.
COMMITTEE RECOMMENDATION
The recommendation includes a $500,000,000,000 limitation
on loan commitments for mortgage-backed securities, as
requested, and $23,000,000 for the personnel costs of GNMA, to
be funded by Commitment and Multiclass fees. The recommendation
for personnel costs is equal to the fiscal year 2016 enacted
level and equal to the budget request.
Policy Development and Research
Appropriation, fiscal year 2016....................... $85,000,000
Budget request, fiscal year 2017...................... \1\185,000,000
Recommended in the bill............................... 80,000,000
Bill compared with:
Appropriation, fiscal year 2016..................... -5,000,000
Budget request, fiscal year 2017.................... -105,000,000
\1\Of the $185,000,000 requested, $65,000,000 was to be provided by
straight appropriation and $120,000,000 was to be transferred from
other HUD program accounts. This bill does not recommend transfers
from other accounts.
Title V of the Housing and Urban Development Act of 1970,
as amended, directs the Secretary of the Department of Housing
and Urban Development to undertake programs of research,
evaluation, and reports relating to the Department's mission
and programs. These functions are carried out internally and
through grants and contracts with industry, nonprofit research
organizations, educational institutions, and through agreements
with state and local governments and other federal agencies.
The research programs seek ways to improve the efficiency,
effectiveness, and equity of HUD programs and to identify
methods to achieve cost reductions. This appropriation is used
to support HUD evaluation and monitoring activities and to
conduct housing surveys. Finally, funds under this heading are
used to support technical assistance activities to the various
states, communities, and agencies that are charged with
administering HUD's programs and funds.
COMMITTEE RECOMMENDATION
The Committee recommends $80,000,000 for this account,
which is $5,000,000 below last year's level and $105,000,000
below the budget request. Consistent with prior years, the
Committee again rejects the Administration's proposal to fund
research and technical assistance through a take down and
transfer from other appropriated HUD program accounts.
Of the activities proposed in the budget, the Committee
recommends $50,000,000 for the core research programs:
$41,500,000 for market surveys, $5,700,000 for research support
and dissemination, $600,000 for data acquisition, $1,000,000
for housing finance studies, $1,000,000 for research
partnerships, and $200,000 for housing technology.
The Committee recommends $5,000,000 for new and continuing
studies and demonstration evaluations, with up to $2,000,000
for the MTW study. Further, the Committee's recommendation
includes $25,000,000 for all technical assistance--program-
specific, cross cutting, and place-based. Of the funds
identified for technical assistance to troubled PHA's, the
Committee strongly urges the Department to target truly
troubled or at-risk PHAs requiring assistance to conduct basic
business and housing responsibilities versus assisting with
glitzy new and bonus endeavors, such as energy performance
contracts.
The Committee strongly encourages the Department to
consider providing technical assistance to distressed cities
and communities through a network of non-profit or private
sector organizations that have a proven track record of
providing assistance to multiple cities across various
disciplines, including economic development, workforce
development, fiscal efficiency, and promoting best practices
and inter-city assistance.
The Committee again continues to recommend funds for the
SHOP program as a separate account under the Office of Housing,
consistent with prior years.
As in prior years, the bill includes a general provision in
Title II that prohibits funds from being used for a doctoral
dissertation research grant program.
The bill includes a general provision in Title II that
allows the Department to use prior year deobligated or
unexpended funds made available to the Office of Policy
Development and Research for other research and evaluations.
The Committee provides this authority under the condition that
any new obligations are subject to the regular reprogramming
procedures outlined in section 405.
Resilient construction.--The Committee supports enhanced
resiliency for new construction and renovation. The Committee
urges HUD to study technologies, elements, and materials that
create more resilient single and multi-family homes such as
lean manufacturing, safe rooms, and alternative materials to
improve durability and safety during natural disasters. The
term ``resilient construction'' is defined as construction
methods that: (1) allow a structure to resist hazards brought
on by a major disaster, (2) allow a structure to continue to
provide the primary functions of the structure following a
major disaster, (3) reduce the magnitude or duration of a
disruptive event to a structure, and (4) allow the structure to
have the absorptive capacity, adaptive capacity, and
recoverability to withstand a potentially disruptive event.
Fair market rents.--The Committee encourages the Department
to improve the process concerning fair market rents (FMRs). The
Committee recommends that proposed FMRs be published no later
than July 1st so that parties have sufficient time to consider
the rates before the October 1st publishing date for final
FMRs, understanding that HUD already has an established
procedure for public housing agencies and other interested
parties to comment on proposed FMRs. In addition, the Committee
recommends that HUD establish and publish a clear process for
public housing agencies to follow in order to request
reevaluation of FMRs, where public housing agencies are having
demonstrable difficulty placing voucher tenants in units (e.g.,
low success rates despite high payment standards).
The Committee recommends that, where available, HUD
incorporate the most recent, statistically reliable, regional
data on rents paid in a market when determining FMRs for a
community.
Area median income.--The Committee commends efforts to test
alternative measurements of fair market rent using small areas
to gauge the impact on local housing choices, but urges HUD to
also look at the current measurement methodology of area median
income (AMI) in metropolitan areas in order to more accurately
and locally measure AMI to offer affordable housing. Within 180
days of enactment of this Act, the Committee directs HUD to
submit a report to the Committee on the options for measuring
AMI using more localized methodologies, the feasibility of
using these alternative measurements, and if HUD has plans to
test the identified alternatives.
The Committee recognizes the need for an examination of the
effects of rapidly rising rents in urban areas across the
nation, and strategies to create and retain affordable housing
options, and avoid displacement in these communities. The
Committee directs the Secretary to submit a report to the House
and Senate Committees on Appropriations within 180 days of
enactment detailing best practices and recommendations to
address the displacement of lower-income families and long-time
residents in urban areas, and loss of affordable housing across
the nation.
Fair Housing and Equal Opportunity
FAIR HOUSING ACTIVITIES
Appropriation, fiscal year 2016....................... $65,300,000
Budget request, fiscal year 2017...................... 70,000,000
Recommended in the bill............................... 65,300,000
Bill compared with:
Appropriation, fiscal year 2016..................... - - -
Budget request, fiscal year 2017.................... -4,700,000
The Office of Fair Housing and Equal Opportunity (OFHEO) is
responsible for developing policies and guidance, and for
providing technical support for enforcement of the Fair Housing
Act and the civil rights statutes. OFHEO serves as the central
point for the formulation, clearance and dissemination of
policies, intra-departmental clearances, and public information
related to fair housing issues. OFHEO receives, investigates,
conciliates and recommends the issuance of charges of
discrimination and determinations of non-compliance for
complaints filed under Title VIII and other civil rights
authorities. Additionally, OFHEO conducts civil rights
compliance reviews and compliance reviews under section 3.
COMMITTEE RECOMMENDATION
The Committee recommends $65,300,000 for fair housing
programs, which is the same as the fiscal year 2016 level and
$4,700,000 below the request. Of the funds provided,
$24,300,000 is for the fair housing assistance programs,
$300,000 is for the limited English proficiency initiative and
$1,500,000 is for the National Fair Housing Training Academy.
Of the $39,200,000 for the fair housing initiative programs,
not less than $7,450,000 is for education and outreach
programs. The Committee directs the Department to focus
resources on education, outreach, and training initiatives, and
supporting local and state organizations that conduct
investigations and adjudicate claims.
Group homes, local land use, and the Fair Housing Act.--The
Committee is aware that the Secretary is in the process of
updating the 1999 Joint Statement on Group Homes, Local Land
Use, and the Fair Housing Act. The Committee stresses the
importance of the Secretary coordinating with the Attorney
General to complete this process in a timely manner and
recognizing or defining the role of state or local governments
in defining zoning ordinances, licensing, and registration
requirements regarding sober homes.
Affirmatively furthering fair housing (AFFH).--A number of
communities and local organizations have expressed concern that
the guidance provided by HUD regarding compliance with the new
AFFH rule is vague, and the communication with stakeholders
regarding requirements and compliance is lacking. The
Committee's recommendation includes resources under the
salaries and expenses and policy, development, and research
accounts to address these concerns. Further, the Committee
directs HUD to work with its grantees and stakeholders to
address their concerns, and continue to refine the tools and
resources available to stakeholders to comply with the new
rule.
Disparate impact and insurance.--The United States District
Court, Northern Division of Illinois found that ``HUD's
response to the insurance industry's concerns [regarding the
Disparate Impact Rule] was arbitrary and capricious'' and
remanded a portion of the ``Implementation of the Fair Housing
Act's Discriminatory Effects Standard'' rule regarding
insurance back to HUD for further consideration and
explanation. The Committee directs HUD to take action
expeditiously in response to the Court's remand.
The Committee directs the Department to provide a spend
plan for all funds and activities in this account concurrent
with the fiscal year 2017 operating plan and provide 3 days'
notice prior to the announcement of any grant.
Office of Lead Hazard Control and Healthy Homes
LEAD HAZARD REDUCTION
Appropriation, fiscal year 2016....................... $110,000,000
Budget request, fiscal year 2017...................... 130,000,000
Recommended in the bill............................... 110,000,000
Bill compared with:
Appropriation, fiscal year 2016..................... +20,000,000
Budget request, fiscal year 2017.................... +20,000,000
The Office of Lead Hazard Control and Healthy Homes is
responsible for administering the lead-based paint hazard
reduction program authorized by Title X of the Housing and
Community Development Act of 1992. The office also addresses
multiple housing-related health hazards through the healthy
homes initiative, pursuant to the Secretary's authority in
sections 501 and 502 of the Housing and Urban Development Act
of 1970 (12 U.S.C. 1701z-1 and 1701z-2).
The office develops lead-based paint regulations,
guidelines, and policies applicable to HUD programs and
enforces the lead disclosure rule issued under Title X. For
both lead-related and healthy homes issues, the office designs
and administers programs for grants, training, research,
demonstration, and education.
COMMITTEE RECOMMENDATION
The Committee recommends $130,000,000 for the lead
programs, which is $20,000,000 above both the fiscal year 2016
enacted level and the budget request.
The Committee recommends no more than $20,000,000 for the
healthy homes initiative, and directs the Department to fund
activities aimed at reducing incidences of asthma, mold, pests
and radon.
Lead hazards in assisted housing.--The Committee recognizes
the need for updated lead inspection standards for federally
assisted housing especially given the significant impact lead
exposure can have on children and their development. The
Committee believes that HUD has the statutory authority
necessary to require more stringent inspections when checking
homes for lead paint. HUD's current visual lead inspections
have proven insufficient, and more rigorous standards, such as
requiring risk assessments prior to a family moving into a
home, should be implemented to ensure that children living in
federally assisted housing are protected from lead poisoning.
Lead hazards in housing study.--The Committee directs the
Government Accountability Office (GAO) to report to the House
and Senate Committees on Appropriations, not later than 180
days after enactment, on the issue of lead hazards in housing,
including:
(1) an assessment of the implications of changing
Department regulations to align with the Centers for Disease
Control and Prevention guidance; and
(2) an assessment of the implications of requiring a risk
assessment (beyond a visual assessment) for initial and
periodic inspections for lead-based paint hazards for housing
receiving federal assistance through HUD, and the impact it
would have on landlord participation and the availability of
affordable housing;
(3) an analysis of whether existing federal programs and
funding for lead hazard control activities in housing receiving
federal assistance meet the current and evolving needs;
(4) recommendations on how to improve coordination and
leveraging of public and private funds to reduce the costs
associated with the identification and remediation of lead
hazards; and
(5) an identification of existing partnerships among public
housing agencies and public health agencies to address lead-
based paint hazards, what gaps exist in compliance and
enforcement, and whether the partnerships can be replicated and
enhanced through better data collection and dissemination among
stakeholders.
The Committee directs the Department to provide a spend
plan for all funds and activities in this account concurrent
with the fiscal year 2017 operating plan and provide 3 days'
notice prior to the announcement of any grant.
Information Technology Fund
Appropriation, fiscal year 2016....................... $250,000,000
Budget request, fiscal year 2017...................... 286,000,000
Recommended in the bill............................... 100,000,000
Bill compared with:
Appropriation, fiscal year 2016..................... -150,000,000
Budget request, fiscal year 2017.................... -186,000,000
The information technology fund finances the information
technology (IT) systems that support departmental programs and
operations, including FHA Mortgage Insurance, housing
assistance and grant programs, as well as core financial and
general operations.
COMMITTEE RECOMMENDATION
The Committee recommends $100,000,000 in direct
appropriations for the IT fund to support Department-wide
information technology system activities, $150,000,000 less
than the fiscal year 2016 enacted level and $186,000,000 below
the budget request. The Department requires approximately
$250,000,000 simply to operate basic telecommunication services
and existing information technology contracts, and prior to
enactment, the Committee will work to identify sources of funds
to maintain and upgrade the Department's systems. The Committee
strongly urges HUD to continue refining the services and
contracts under the Department's Working Capital Fund so that
IT services can be funded by the users.
The Committee directs HUD to continue with efforts to
retire obsolete, unproductive, and expensive information
technology systems, and streamline and consolidate current
services contracts in an effort to direct resources for higher
priority and more effective systems.
As HUD makes progress to move forward with modernizing its
IT systems, much of the credit for any success needs to be
given to GAO and its continued oversight and evaluation of HUD
IT governance. The Committee strongly urges HUD to adhere to
the direction provided by GAO.
In addition to GAO's reviews, the Committee commends the
Office of the Chief Information Officer for bringing IT
investments and development under the control of the OCIO
versus the individual program offices. The Committee is opposed
to any program office utilizing funds outside of the IT fund
for system development and directs HUD to maintain IT
investments under this header or the Working Capital Fund only.
Office of Inspector General
Appropriation, fiscal year 2016....................... $126,000,000
Budget request, fiscal year 2017...................... 129,000,000
Recommended in the bill............................... 128,082,000
Bill compared with:
Appropriation, fiscal year 2016..................... +2,082,000
Budget request, fiscal year 2017.................... -918,000
The Office of Inspector General (IG) provides agency-wide
audit and investigative functions to identify and correct
management and administrative deficiencies that create
conditions for existing or potential instances of waste, fraud,
and mismanagement. The audit function provides internal audit,
contract audit, and inspection services. Contract audits
provide professional advice to agency contracting officials on
accounting and financial matters relative to negotiation,
award, administration, re-pricing, and settlement of contracts.
Internal audits evaluate all facets of agency operations.
Inspection services provide detailed technical evaluations of
agency operations. The investigative function provides for the
detection and investigation of improper and illegal activities
involving programs, personnel, and operations.
COMMITTEE RECOMMENDATION
The Committee recommends $128,082,000 for the Office of
Inspector General, which is $2,082,000 greater than the fiscal
year 2016 enacted level and $918,000 below the budget request.
The Committee does not provide funds for any additional
personnel.
The Committee has found the reports and investigations
undertaken by the IG over the past few years to be interesting
and pertinent to the work of the Committee.
Fair and equitable pay arbitration case.--The HUD OIG shall
review and audit all events related to the Order and Remedy,
FMCS No. 03-07743, issued by Arbitrator Andree McKissick on
January 10, 2012, otherwise known as Fair and Equitable Pay,
and report to the House and Senate Committees on Appropriations
its findings and recommendations including: (1) the
Department's past and present human resource practices with
regard to classification, workload balancing, workforce
restructuring, position management, and fairness of advertising
positions and other issues raised in this case; (2) whether any
such current practices should be changed to better align with
applicable laws and regulations; and (3) to continue to examine
whether HUD provided a correct assessment of liability in this
matter as it relates to the annual Financial Statement Audit
going back five years.
General Provisions--Department of Housing and Urban Development
INCLUDING TRANSFER OF FUNDS
(INCLUDING RESCISSIONS)
Section 201. The Committee continues a provision regarding
certain overpayments to be returned to Treasury.
Section 202. The Committee continues the provision
prohibiting the use of funds to investigate or prosecute legal
activities under the Fair Housing Act.
Section 203. The Committee continues the provision
extending HOPWA formula modifications affecting certain
jurisdictions in New York, New Jersey, and North Carolina.
Section 204. The Committee continues the provision
requiring that funds be distributed on a competitive basis
unless specified otherwise in statute.
Section 205. The Committee continues the provision allowing
HUD to use funds to reimburse the Government National Mortgage
Association (GNMA), Fannie Mae and other federal entities for
services and facilities.
Section 206. The Committee continues the provision
requiring HUD to comport with the budget estimates except as
otherwise provided in this Act or through an approved
reprogramming.
Section 207. The Committee continues the provision
providing authorization for HUD corporations to utilize funds
under certain conditions and restrictions.
Section 208. The Committee continues the provision
requiring a report on available balances each quarter.
Section 209. The Committee continues the provision
requiring that the Administration's budget and the Department's
budget justifications for fiscal year 2018 be submitted in the
identical account and sub-account structure provided in this
Act.
Section 210. The Committee continues the provision
exempting PHA Boards in Alaska, Iowa, and Mississippi and the
County of Los Angeles from the public housing resident
representation requirement, and provides alternative
requirements.
Section 211. The Committee continues the provision
exempting GNMA from certain requirements of the Federal Credit
Reform Act of 1990.
Section 212. The Committee continues the provision
authorizing HUD to transfer debt and use agreements from an
obsolete project to a viable project, provided certain
conditions are met.
Section 213. The Committee continues the provision setting
forth the requirements for eligibility for section 8 voucher
assistance.
Section 214. The Committee continues the provision
distributing Native American Housing Block Grant funds to the
same Native Alaskan recipients as in fiscal year 2005.
Section 215. The Committee continues the provision
authorizing the Secretary to insure mortgages under section 255
of the National Housing Act.
Section 216. The Committee continues the provision
instructing HUD on managing and disposing of any multifamily
property that is owned or held by HUD.
Section 217. The Committee continues the provision allowing
amounts provided under the section 108 loan guarantee program
to be used to guarantee notes or other obligations issued by
any State on behalf of non-entitlement communities in the
State.
Section 218. The Committee continues the provision allowing
PHAs that own and operate 400 or fewer units of public housing
to be exempt from asset management requirements.
Section 219. The Committee continues the provision
restricting the Secretary from imposing any requirement or
guideline relating to asset management that restricts or limits
the use of capital funds for central office costs, up to the
limits established in the Quality Housing and Work
Responsibility Act of 1998.
Section 220. The Committee continues the provision
directing that no HUD employee, including those working in the
offices of the IG and GNMA, shall be designated as an allotment
holder unless the Chief Financial Officer determines that they
have received training.
Section 221. The Committee continues the provision
requiring that the Secretary publish all notice of funding
availability on the internet for fiscal year 2017.
Section 222. The Committee continues the provision
requiring that attorney fees for programmatic litigation must
be paid from the personnel and benefits accounts of affected
offices and the Office of General Counsel, and be restricted to
payment of attorney fees only.
Section 223. The Committee continues the provision allowing
the Secretary to transfer up to 10 percent of funds or
$4,000,000, whichever is less, appropriated under the headings
``Administrative Support Offices'' or ``Program Office Salaries
and Expenses'' to any other office funded under such headings.
Section 224. The Committee continues the provision allowing
the disaster housing assistance programs to be considered a
program of HUD for the purpose of income verifications and
matching.
Section 225. The Committee continues the provision
requiring HUD to take certain actions against owners receiving
rental subsidies that do not maintain safe properties.
Section 226. The Committee continues the provision placing
a salary and bonus limit on public housing agency officials and
employees.
Section 227. The Committee continues the provision
prohibiting funds from being used for the doctoral dissertation
research grant program at HUD.
Section 228. The Committee continues the provision
requiring the Secretary to provide the Committees on
Appropriations advance notice of discretionary awards.
Section 229. The Committee continues the provision
prohibiting funds from being used to require or enforce the
physical needs assessment (PNA).
Section 230. The Committee continues the provision
prohibiting funds for HUD financing of mortgages for properties
that have been subject to eminent domain.
Section 231. The Committee continues the provision
prohibiting funds from being used to terminate the status of a
unit of local government as a metropolitan city, as defined
under section 102 of the Housing and Community Development Act
of 1974, with respect to grants under section 106 of such Act.
Section 232. The Committee continues the provision
requiring unexpended funding for research, evaluation and
statistical purposes at the completion of a contract, grant or
cooperative agreement to be deobligated and reobligated for
additional research, subject to reprogramming requirements in
this Act.
Section 233. The Committee continues the provision
prohibiting funds to be used for financial awards for employees
subject to administrative discipline.
Section 234. The Committee includes a provision that
permits HUD to consolidate funds used to manage disaster
recovery grants.
Section 235. The Committee includes a provision permitting
HUD to provide one year transition grants under the continuum
of care program.
Section 236. The Committee includes a provision prohibiting
funds to enforce Executive Order 13690 regarding flood risk
management.
Section 237. The Committee includes a provision that
rescinds unobligated balances from various accounts.
TITLE III--RELATED AGENCIES
United States Access Board
SALARIES AND EXPENSES
Appropriation, fiscal year 2016....................... $8,023,000
Budget request, fiscal year 2017...................... 8,190,000
Recommended in the bill............................... 8,190,000
Bill compared with:
Appropriation, fiscal year 2016..................... +167,000
Budget request, fiscal year 2017.................... - - -
The United States Access Board (Access Board) was
established by section 502 of the Rehabilitation Act of 1973
with the primary mission of ensuring accessibility for people
with disabilities. The Access Board is responsible for
developing guidelines under the Americans with Disabilities Act
(ADA), the Architectural Barriers Act, and the
Telecommunications Act. The Access Board is responsible for
developing standards under section 508 of the Rehabilitation
Act for accessible electronic and information technology used
by federal agencies. The Access Board also enforces the
Architectural Barriers Act and provides training and technical
assistance on the guidelines and standards it develops.
The Access Board has been given responsibilities under the
Help America Vote Act to serve on the Election Assistance
Commission's Board of Advisors and Technical Guidelines
Development Committee. Additionally, the Board maintains a
small research program that develops technical assistance
materials and provides information needed for rulemaking.
COMMITTEE RECOMMENDATION
The Committee recommends $8,190,000 for the operations of
the Access Board, which is $167,000 greater than the fiscal
year 2016 enacted level and equal to the budget request.
The Committee is concerned that the 2010 Americans with
Disabilities Act standard for automated teller machines (ATM)
has not kept pace with improvements in technology. The
Committee encourages the Access Board to consider new and
innovative technology features when updating any standards
involving ATMs, point-of-sale systems, self-service kiosks, and
other similar devices.
Federal Maritime Commission
SALARIES AND EXPENSES
Appropriation, fiscal year 2016....................... $25,660,000
Budget request, fiscal year 2017...................... 27,490,000
Recommended in the bill............................... 27,490,000
Bill compared with:
Appropriation, fiscal year 2016..................... +1,830,000
Budget request, fiscal year 2017.................... - - -
Established in 1961, the Federal Maritime Commission (FMC)
is an independent government agency, responsible for the
regulation of oceanborne transportation in the foreign commerce
of the United States. The Federal Maritime Commission monitors
ocean common carriers, marine terminal operators, conferences,
ports, and ocean transportation intermediaries to ensure they
maintain just and reasonable practices. Among other activities,
FMC also maintains a trade monitoring and enforcement program,
monitors the laws and practices of foreign governments and
their impacts on shipping conditions in the U.S., and enforces
special regulatory requirements as they apply to controlled
carriers.
The principal shipping statutes administered by the FMC are
the Shipping Act of 1984 (46 U.S.C. 40101-41309), the Foreign
Shipping Practices Act of 1988 (46 U.S.C. 42301-42307), Section
19 of the Merchant Marine Act, 1920 (46 U.S.C. 42101-42109),
Public Law 89-777 (46 U.S.C. 44101-44106).
COMMITTEE RECOMMENDATION
The Committee recommends the budget request of $27,490,000
for the Federal Maritime Commission, which is $1,830,000 over
the fiscal year 2016 appropriation. Of the funds provided, not
less than $552,024 is available for the Office of Inspector
General.
National Railroad Passenger Corporation (Amtrak)
OFFICE OF INSPECTOR GENERAL
SALARIES AND EXPENSES
Appropriation, fiscal year 2016....................... $24,499,000
Budget request, fiscal year 2017...................... 23,274,000
Recommended in the bill............................... 23,274,000
Bill compared with:
Appropriation, fiscal year 2016..................... -1,225,000
Budget request, fiscal year 2017.................... - - -
The Amtrak Inspector General is an independent, objective
unit responsible for detecting and preventing fraud, waste,
abuse, and violations of law and for promoting economy,
efficiency and effectiveness at Amtrak.
COMMITTEE RECOMMENDATION
The Committee recommends $23,274,000 for Amtrak's Office of
Inspector General (Amtrak OIG), which is $1,225,000 less than
the fiscal year 2016 enacted level and equal to the fiscal year
2017 budget request. The recommended level will allow Amtrak
OIG to undertake audits, evaluations, and investigations and
will ensure the OIG's effective oversight of Amtrak's programs
and operations.
The OIG's efforts have resulted in valuable studies and
recommendations for this Committee and for the Corporation that
have yielded cost savings and management improvements. These
studies have been in a number of areas, including food and
beverage service, capital planning, overtime, and fraud. In
addition, Amtrak OIG has been instrumental in developing an
audit process to review invoices and identifying overpayments.
National Transportation Safety Board
SALARIES AND EXPENSES
Appropriation, fiscal year 2016....................... $105,170,000
Budget request, fiscal year 2017...................... 106,000,000
Recommended in the bill............................... 106,000,000
Bill compared with:
Appropriation, fiscal year 2016..................... +830,000
Budget request, fiscal year 2017.................... - - -
Initially established along with the Department of
Transportation (DOT), the National Transportation Safety Board
(NTSB) commenced operations on April 1, 1967, as an independent
federal agency charged by Congress with investigating every
civil aviation accident in the United States, as well as
significant accidents in other modes of transportation--
railroad, highway, marine and pipeline--and issuing safety
recommendations aimed at preventing future accidents. Although
it has always operated independently, the NTSB relied on the
DOT for funding and administrative support until the
Independent Safety Board Act of 1974 (Public Law 93-633)
severed all ties between the two organizations effective April
of 1975.
In addition to its investigatory duties, the NTSB is
responsible for maintaining the government's database of civil
aviation accidents and conducting special studies of
transportation safety issues of national significance.
Furthermore, in accordance with the provisions of international
treaties, the NTSB supplies investigators to serve as U.S.
Accredited Representatives for aviation accidents overseas
involving U.S.-registered aircraft, or involving aircraft or
major components of U.S. manufacture. The NTSB also serves as
the court of appeals for any airman, mechanic or mariner
whenever certificate action is taken by the Administrator of
the Federal Aviation Administration (FAA) or the U.S. Coast
Guard Commandant, or when civil penalties are assessed by the
FAA. In addition, the NTSB operates the NTSB Academy in
Ashburn, Virginia.
COMMITTEE RECOMMENDATION
The Committee recommends $106,000,000 for the salaries and
expenses of the NTSB, which is $830,000 greater than the fiscal
year 2016 enacted level and equal to the budget request.
NTSB Academy.--The agency is encouraged to continue to seek
additional opportunities to lease out, or otherwise generate
revenue from the NTSB Academy, so that the agency can
appropriately focus its resources on the important
investigative work that is central to the agency's mission. In
addition, the agency is again directed to submit detailed
information on the costs associated with the NTSB Academy, as
well as the revenue the facility is expected to generate, as
part of the fiscal year 2018 budget request.
Neighborhood Reinvestment Corporation
PAYMENT TO THE NEIGHBORHOOD REINVESTMENT CORPORATION
Appropriation, fiscal year 2016....................... $175,000,000
Budget request, fiscal year 2017...................... 140,000,000
Recommended in the bill............................... 140,000,000
Bill compared with:
Appropriation, fiscal year 2016..................... -35,000,000
Budget request, fiscal year 2017.................... - - -
The Neighborhood Reinvestment Corporation (NRC) was created
by the Neighborhood Reinvestment Corporation Act (title VI of
the Housing and Community Development Amendments of 1978). NRC
now operates under the trade name `NeighborWorks America.'
NeighborWorks America helps local communities establish working
partnerships between residents and representatives of the
public and private sectors. These partnership-based
organizations are independent, tax-exempt, community-based
nonprofit entities, often referred to as NeighborWorks
organizations.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $140,000,000
for fiscal year 2017, which is $35,000,000 below the fiscal
year 2016 enacted level and equal to the budget request. This
recommendation increases funding for NRC's core program by
$5,000,000 above the fiscal year 2016 enacted level and is
equal to the budget request. Consistent with the budget
request, the Committee does not include funding for the
National Foreclosure Mitigation Counseling (NFMC) Program.
The NFMC program originated in fiscal year 2007 and was
envisioned as a one-time funding effort to respond to the
housing foreclosure crisis. Instead, it has received funds for
a total of 9 years.
The Committee recommendation recognizes that the economy
continues to improve and foreclosures continue to decline.
RealtyTrac states that foreclosure filings are at a 9 year low,
and were reported on fewer than 1.1 million properties in 2015,
down 3 percent from 2014 and down 62 percent from the peak in
2010. The annual foreclosure rate is less than 1 percent of all
U.S. housing units for the second consecutive year. Further,
the NRC has integrated foreclosure mitigation counseling into
its other counseling programs, eliminating the need for a
separate program. However, to offset the reduction, the
Committee included additional funding for HUD's housing
counseling assistance appropriation.
Surface Transportation Board
SALARIES AND EXPENSES
Appropriation, fiscal year 2016....................... $32,375,000
Budget request, fiscal year 2017...................... 42,401,000
Recommended in the bill............................... 37,000,000
Bill compared with:
Appropriation, fiscal year 2016..................... +4,625,000
Budget request, fiscal year 2017.................... -5,401,000
The Surface Transportation Board (STB) was created in the
Interstate Commerce Commission Termination Act of 1995 and is
the successor agency to the Interstate Commerce Commission. The
STB is an economic regulatory and adjudicatory body charged by
Congress with resolving railroad rate and service disputes and
reviewing proposed railroad mergers, as the regulation of other
surface transportation carriers, including intercity bus
industry and surface pipeline carriers, and household-good
carriers. The Surface Transportation Board Reauthorization Act
of 2015 (P.L. 114-110) established the Board as a wholly
independent agency and expanded the Board's membership from
three to five Board Members.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $37,000,000
for fiscal year 2017, which is $4,625,000 more than the fiscal
year 2016 enacted level and $5,401,000 below the budget
request. The STB is estimated to collect $1,250,000 in fees,
which will offset the appropriation for a total program cost of
$35,750,000. The recommendation includes at least $2,046,000
for information technology system improvements, assumes the
Board will contract with the Department of Transportation for
administrative support functions, and funds salary and expenses
on a half-year basis for the two new Board Members and their
staff.
United States Interagency Council on Homelessness
OPERATING EXPENSES
Appropriation, fiscal year 2016....................... $3,530,000
Budget request, fiscal year 2017...................... 3,600,000
Recommended in the bill............................... 2,000,000
Bill compared with:
Appropriation, fiscal year 2016..................... -1,530,000
Budget request, fiscal year 2017.................... -1,600,000
The mission of the United States Interagency Council on
Homelessness (USICH) is to coordinate the Federal response to
homelessness and to create a national partnership at every
level of government and with the private sector to reduce and
end homelessness in the nation while maximizing the
effectiveness of the Federal Government in contributing to the
end of homelessness.
COMMITTEE RECOMMENDATION
The Committee recommends $2,000,000 for the USICH, which is
$1,530,000 below fiscal year 2016 enacted and $1,600,000 below
the budget request. Funding for USICH is reduced in
anticipation of the October 1, 2017 sunset date. The
recommendation does not include the request to extend the
sunset date or increase the salary for the USICH executive
director. The Committee believes that funding projects that
directly serve the homeless is a better use of scarce budgetary
resources going forward.
The Committee encourages the nineteen USICH member agencies
to use the next year to establish permanent working
relationships that will endure USICH's sunset date at the end
of fiscal year 2017.
General Provision--This Act
(INCLUDING RESCISSIONS)
Section 401. The Committee continues the provision
prohibiting pay and other expenses for non-Federal parties in
regulatory or adjudicatory proceedings funded in this Act.
Section 402. The Committee continues the provision
prohibiting obligations beyond the current fiscal year and
prohibits transfers of funds unless expressly so provided
herein.
Section 403. The Committee continues the provision limiting
consulting service expenditures through a procurement contract
to contracts where such expenditures are a matter of public
record, with exceptions.
Section 404. The Committee continues the provision
prohibiting employee training not specifically related to the
performance of official duties.
Section 405. The Committee continues the provision
specifying reprogramming procedures and requires tables to
include prior year enacted levels.
Section 406. The Committee continues the provision allowing
up to fifty percent of unobligated balances appropriated for
salaries and expenses to remain available for certain purposes,
contingent upon approval by the House and Senate Committees on
Appropriations.
Section 407. The Committee continues the provision
prohibiting funds from being used for any project that seeks to
use the power of eminent domain unless eminent domain is
employed only for a public use.
Section 408. The Committee continues the provision denying
the transfer of funds made available in this Act, except
pursuant to a transfer made by this Act or by authority granted
in this Act.
Section 409. The Committee continues the provision
prohibiting funds in this Act from being used to permanently
replace an employee intent on returning to his or her past
occupation after completion of military service.
Section 410. The Committee continues the provision
prohibiting funds in this Act from being used unless the
expenditure is in compliance with the Buy American Act.
Section 411. The Committee continues the provision
prohibiting funds from being made available to any person or
entity that has been found to have violated the Buy American
Act.
Section 412. The Committee continues the provision
prohibiting funds for first-class airline accommodations in
contravention of section 301-10.122 and 301-10.123 of title 41,
C.F.R.
Section 413. The Committee continues the provision
prohibiting funds from being used for the approval of a new
foreign air carrier permit or exemption application if that
approval would contravene United States law of Article 17 bis
of the U.S.-E.U.-Iceland-Norway Air Transport Agreement and
specifies that nothing in this section shall prohibit,
restrict, or preclude the Secretary of DOT from granting a
permit or exemption where such authorization is consistent with
the U.S.-E.U.-Iceland-Norway Air Transport Treaty and U.S. law.
Section 414. The Committee continues the provision that
restricts the number of employees that agencies funded in this
Act may send to international conferences.
Section 415. The Committee continues the provision
prohibiting funds from being used to lease or purchase new
light duty vehicles for any executive fleet or an agency's
fleet inventory, except in accordance with Presidential
Memorandum--Federal Fleet Performance, dated May 24, 2011.
Section 416. The Committee continues the provision capping
the amount of fees the Surface Transportation Board can charge
and collect for rate or practice complaints filed at the amount
authorized for court civil suit filing fees.
Section 417. The Committee includes a provision rescinding
all unobligated balances from various salaries and expenses
accounts.
Section 418. The Committee includes a provision that
establishes a spending reduction account.
House of Representatives Reporting Requirements
The following materials are submitted in accordance with
various requirements of the Rules of the House of
Representatives:
STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES
Pursuant to clause 3(c)(4) of rule XIII of the Rules of the
House of Representatives, the following is a statement of
general performance goals and objectives for which this measure
authorizes funding: The Committee on Appropriations considers
program performance, including a program's success in
developing and attaining outcome-related goals and objectives,
in developing funding recommendations.
RESCISSION OF FUNDS
Pursuant to clause 3(f)(2) of rule XIII of the Rules of the
House of Representatives, the following lists the rescissions
of unexpended balances included in the accompanying bill:
$5,000,000 of budget authority from ``Department
of Transportation-Maritime Administration-Maritime Guaranteed
Loan (Title XI) Program Account'';
Such sums that are available from ``Department of
Housing and Urban Development-Housing Certificate Fund'';
Section 237 rescinds such sums that are available
from ``Department of Housing and Urban Development-Management
and Administration'', ``Department of Housing and Urban
Development-Program Office Salaries and Expenses''; and such
sums that are recaptured from various community development
programs;
Section 417 rescinds such sums that are available
from ``Department of Transportation-Office of the Secretary-
Salaries and Expenses'', ``Department of Transportation-Office
of the Secretary-Office of Civil Rights'', ``Department of
Transportation-Office of the Secretary-Minority Business
Outreach'', ``Department of Transportation-Federal Transit
Administration-Administrative Expenses'', ``Department of
Transportation-Pipeline and Hazardous Materials Safety
Administration-Operational Expenses'', ``Department of
Transportation-Surface Transportation Board-Salaries and
Expenses'', ``Access Board-Salaries and Expenses'', ``Federal
Maritime Commission-Salaries and Expenses'', ``National
Railroad Passenger Corporation-Office of Inspector General-
Salaries and Expenses'', ``National Transportation Safety
Board-Salaries and Expenses'', and ``United States Interagency
Council on Homelessness-Operating Expenses''.
TRANSFER OF FUNDS
Pursuant to clause 3(f)(2) of rule XIII of the Rules of the
House of Representatives, the following lists the transfers of
unexpended balances included in the accompanying bill:
UNDER TITLE I--DEPARTMENT OF TRANSPORTATION
------------------------------------------------------------------------
Account to which
Account from which the transfer the transfer is Amount
is made made
------------------------------------------------------------------------
Office of the Secretary......... Office of the 5% of certain
Secretary. funds subject to
conditions
Office of the Secretary, Federal Highway Up to $20,000,000
National, Infrastructure Administration,
Investments. Federal Transit
Administration,
Federal Railroad
Administration,
Maritime
Administration.
Federal Aviation Administration, Federal Aviation 2% of certain
Operations. Administration, funds subject to
Operations. conditions
FHWA: Limitation on Appalachian $3,248,000
administrative expenses. Regional
Commission.
Maritime Administration, Maritime $3,000,000
Maritime Guaranteed Loan (Title Administration,
XI) Program Account. Operations and
Training.
------------------------------------------------------------------------
UNDER TITLE II--DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
------------------------------------------------------------------------
Account to which
Account from which the transfer the transfer is Amount
is made made
------------------------------------------------------------------------
Administrative Support Offices.. Program Office $4,000,000 subject
Salaries and to conditions
Expenses.
Program Office Salaries and Administrative $4,000,000 subject
Expenses. Support Offices. to conditions
Executive Offices, Working Capital Such sums as
Administrative Support Offices, Fund. necessary
Program Office Salaries and
Expenses, Government National
Mortgage Association''.
------------------------------------------------------------------------
DISCLOSURE OF EARMARKS AND CONGRESSIONALLY DIRECTED SPENDING ITEMS
Neither the bill nor the report contains any Congressional
earmarks, limited tax benefits, or limited tariff benefits as
defined in clause 9 of rule XXI.
Compliance With Rule XIII, Cl. 3(e) (Ramseyer Rule)
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, existing law in which no change
is proposed is shown in roman):
CONSOLIDATED APPROPRIATIONS ACT, 2015
* * * * * * *
DIVISION K--TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2015
* * * * * * *
TITLE I
DEPARTMENT OF TRANSPORTATION
* * * * * * *
ADMINISTRATIVE PROVISIONS--FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION
* * * * * * *
Sec. 133. (a) Temporary Suspension of Enforcement.--None of
the funds appropriated or otherwise made available by this Act
or any other Act shall be used to enforce sections 395.3(c) and
395.3(d) of title 49, Code of Federal Regulations, and such
sections shall have no force or effect from the date of
enactment of this Act until the later of September 30, [2015]
2016, or upon submission of the final report issued by the
Secretary under this section. The restart provisions in effect
on [June 30, 2013] December 26, 2011, shall be in effect during
this period.
(b) Public Notification.--As soon as possible after the date
of the enactment of this Act, the Secretary of Transportation
shall publish a Notice in the Federal Register and on the
Federal Motor Carrier Safety Administration website announcing
that the provisions in the rule referred to in subsection (a)
shall have no force or effect from the date of enactment of
this Act through September 30, 2015, and the restart rule in
effect on June 30, 2013, shall immediately be in effect.
(c) Commercial Motor Vehicle (CMV) Driver Restart Study.--
Within 90 days of the date of enactment of this Act, the
Secretary shall initiate a naturalistic study of the
operational, safety, health and fatigue impacts of the restart
provisions in sections 395.3(c) and 395.3(d) of title 49, Code
of Federal Regulations, on commercial motor vehicle drivers.
The study required under this subsection shall--
(1) compare the work schedules and assess operator
fatigue between the following two groups of commercial
motor vehicle drivers, each large enough to produce
statistically significant results:
(A) commercial motor vehicle drivers who
operate under such provisions, in effect
between July 1, 2013, and the day before the
date of enactment of this Act, and
(B) commercial motor vehicle drivers who
operate under the provisions in effect on June
30, 2013.
(2) compare, at a minimum, the 5-month work
schedules, and assess safety critical events (crashes,
near crashes and crash-relevant conflicts) and operator
fatigue between the commercial motor vehicle drivers
identified under subsection (c)(1) of this section from
a statistically significant sample of drivers comprised
of fleets of all sizes, including long-haul, regional
and short-haul operations in various sectors of the
industry, including flat-bed, refrigerated, tank, and
dry-van, to the extent practicable;
(3) assess drivers' safety critical events, fatigue
and levels of alertness, and driver health outcomes by
using both electronic and captured record of duty
status, including the Psychomotor Vigilance Test (PVT),
e-logging data, actigraph watches and cameras or other
on-board monitoring systems that record or measure
safety critical events and driver alertness;
(4) utilize data from electronic logging devices,
consistent to the extent practicable, with the
anticipated requirements for such devices in section
31137(b) of title 49, United States Code, from motor
carriers and drivers of commercial motor vehicles,
notwithstanding any limitation on the use of such data
under section 31137(e) of title 49, United States Code;
and
(5) include the development of an initial study plan
and final report, each of which shall be subject to an
independent peer review by a panel of individuals with
relevant medical and scientific expertise.
(d) Department of Transportation Office of Inspector General
Review.--Prior to the study required under this subsection
commencing and within 60 days of the date of enactment of this
Act, the Secretary shall submit a plan outlining the scope and
methodology for the study to the Department of Transportation
Inspector General.
(1) Within 30 days of receiving the plan, the Office
of Inspector General shall review and report whether it
includes--
(A) a sufficient number of participating
drivers to produce statistically significant
results consistent with subsection (c)(2);
(B) the use of reliable technologies to
assess the operational, safety and fatigue
components of the study to produce consistent
and valid results;
(C) appropriate performance measures to
properly evaluate the study outcomes; and
(D) an appropriate selection of the
independent review panel under subsection
(c)(5).
(2) The Office of Inspector General shall report its
findings, conclusions and any recommendations to the
Secretary and to the House and Senate Committees on
Appropriations within 30 days of receipt of the plan.
(e) Reporting Requirements.--The Secretary shall submit a
final report on the findings and conclusions of the study and
the Department's recommendations on whether the provisions in
effect on July 1, 2013, provide a greater net benefit for the
operational, safety, health and fatigue impacts of the restart
provisions to the Inspector General within 210 days of
receiving the Office of the Inspector General report required
in subsection (d)(2).
(1) Within 60 days of receipt of the Secretary's
findings and recommendations in subsection (e), the
Inspector General shall report to the Secretary and the
House and Senate Committees on Appropriations on the
study's compliance with the requirements outlined under
subsection (c).
(2) Upon submission of the Office of the Inspector
General report in paragraph (1), the Secretary shall
submit its report to the House and Senate Committees on
Appropriations and make the report publically available
on its website.
(f) Certification.--The Secretary of Transportation shall
certify in writing in a manner addressing the Inspector
General's findings and recommendations in subsection (d)(1) and
(e)(1) of this section that the Secretary has met the
requirements as described in section (c) and (d).
(g) Paperwork Reduction Act Exception.--The study and the
Office of the Inspector General reviews shall not be subject to
section 3506 or 3507 of title 44, United States Code.
* * * * * * *
----------
TITLE 49, UNITED STATES CODE
* * * * * * *
SUBTITLE III--GENERAL AND INTERMODAL PROGRAMS
* * * * * * *
CHAPTER 53--PUBLIC TRANSPORTATION
* * * * * * *
Sec. 5303. Metropolitan transportation planning
(a) Policy.--It is in the national interest--
(1) to encourage and promote the safe and efficient
management, operation, and development of resilient
surface transportation systems that will serve the
mobility needs of people and freight and foster
economic growth and development within and between
States and urbanized areas, while minimizing
transportation-related fuel consumption and air
pollution through metropolitan and statewide
transportation planning processes identified in this
chapter; and
(2) to encourage the continued improvement and
evolution of the metropolitan and statewide
transportation planning processes by metropolitan
planning organizations, State departments of
transportation, and public transit operators as guided
by the planning factors identified in subsection (h)
and section 5304(d).
(b) Definitions.--In this section and section 5304, the
following definitions apply:
(1) Metropolitan planning area.--The term
``metropolitan planning area'' means the geographic
area determined by agreement between the metropolitan
planning organization for the area and the Governor
under subsection (e).
(2) Metropolitan planning organization.--The term
``metropolitan planning organization'' means the policy
board of an organization established as a result of the
designation process under subsection (d).
(3) Nonmetropolitan area.--The term ``nonmetropolitan
area'' means a geographic area outside designated
metropolitan planning areas.
(4) Nonmetropolitan local official.--The term
``nonmetropolitan local official'' means elected and
appointed officials of general purpose local government
in a nonmetropolitan area with responsibility for
transportation.
(5) Regional transportation planning organization.--
The term ``regional transportation planning
organization'' means a policy board of an organization
established as the result of a designation under
section 5304(l).
(6) TIP.--The term ``TIP'' means a transportation
improvement program developed by a metropolitan
planning organization under subsection (j).
(7) Urbanized area.--The term ``urbanized area''
means a geographic area with a population of 50,000 or
more, as determined by the Bureau of the Census.
(c) General Requirements.--
(1) Development of long-range plans and tips.--To
accomplish the objectives in subsection (a),
metropolitan planning organizations designated under
subsection (d), in cooperation with the State and
public transportation operators, shall develop long-
range transportation plans and transportation
improvement programs through a performance-driven,
outcome-based approach to planning for metropolitan
areas of the State.
(2) Contents.--The plans and TIPs for each
metropolitan area shall provide for the development and
integrated management and operation of transportation
systems and facilities (including accessible pedestrian
walkways, bicycle transportation facilities, and
intermodal facilities that support intercity
transportation, including intercity buses and intercity
bus facilities and commuter vanpool providers) that
will function as an intermodal transportation system
for the metropolitan planning area and as an integral
part of an intermodal transportation system for the
State and the United States.
(3) Process of development.--The process for
developing the plans and TIPs shall provide for
consideration of all modes of transportation and shall
be continuing, cooperative, and comprehensive to the
degree appropriate, based on the complexity of the
transportation problems to be addressed.
(d) Designation of Metropolitan Planning Organizations.--
(1) In general.--To carry out the transportation
planning process required by this section, a
metropolitan planning organization shall be designated
for each urbanized area with a population of more than
50,000 individuals--
(A) by agreement between the Governor and
units of general purpose local government that
together represent at least 75 percent of the
affected population (including the largest
incorporated city (based on population) as
determined by the Bureau of the Census); or
(B) in accordance with procedures established
by applicable State or local law.
(2) Structure.--Not later than 2 years after the date
of enactment of the Federal Public Transportation Act
of 2012, each metropolitan planning organization that
serves an area designated as a transportation
management area shall consist of--
(A) local elected officials;
(B) officials of public agencies that
administer or operate major modes of
transportation in the metropolitan area,
including representation by providers of public
transportation; and
(C) appropriate State officials.
(3) Representation.--
(A) In general.--Designation or selection of
officials or representatives under paragraph
(2) shall be determined by the metropolitan
planning organization according to the bylaws
or enabling statute of the organization.
(B) Public transportation representative.--
Subject to the bylaws or enabling statute of
the metropolitan planning organization, a
representative of a provider of public
transportation may also serve as a
representative of a local municipality.
(C) Powers of certain officials.--An official
described in paragraph (2)(B) shall have
responsibilities, actions, duties, voting
rights, and any other authority commensurate
with other officials described in paragraph
(2).
(4) Limitation on statutory construction.--Nothing in
this subsection shall be construed to interfere with
the authority, under any State law in effect on
December 18, 1991, of a public agency with multimodal
transportation responsibilities--
(A) to develop the plans and TIPs for
adoption by a metropolitan planning
organization; and
(B) to develop long-range capital plans,
coordinate transit services and projects, and
carry out other activities pursuant to State
law.
(5) Continuing designation.--A designation of a
metropolitan planning organization under this
subsection or any other provision of law shall remain
in effect until the metropolitan planning organization
is redesignated under paragraph (6).
(6) Redesignation procedures.--
(A) In general.--A metropolitan planning
organization may be redesignated by agreement
between the Governor and units of general
purpose local government that together
represent at least 75 percent of the existing
planning area population (including the largest
incorporated city (based on population) as
determined by the Bureau of the Census) as
appropriate to carry out this section.
(B) Restructuring.--A metropolitan planning
organization may be restructured to meet the
requirements of paragraph (2) without
undertaking a redesignation.
(7) Designation of more than 1 metropolitan planning
organization.--More than 1 metropolitan planning
organization may be designated within an existing
metropolitan planning area only if the Governor and the
existing metropolitan planning organization determine
that the size and complexity of the existing
metropolitan planning area make designation of more
than 1 metropolitan planning organization for the area
appropriate.
(e) Metropolitan Planning Area Boundaries.--
(1) In general.--For the purposes of this section,
the boundaries of a metropolitan planning area shall be
determined by agreement between the metropolitan
planning organization and the Governor.
(2) Included area.--Each metropolitan planning area--
(A) shall encompass at least the existing
urbanized area and the contiguous area expected
to become urbanized within a 20-year forecast
period for the transportation plan; and
(B) may encompass the entire metropolitan
statistical area or consolidated metropolitan
statistical area, as defined by the Bureau of
the Census.
(3) Identification of new urbanized areas within
existing planning area boundaries.--The designation by
the Bureau of the Census of new urbanized areas within
an existing metropolitan planning area shall not
require the redesignation of the existing metropolitan
planning organization.
(4) Existing metropolitan planning areas in
nonattainment.--
(A) In general.--Notwithstanding paragraph
(2), except as provided in subparagraph (B), in
the case of an urbanized area designated as a
nonattainment area for ozone or carbon monoxide
under the Clean Air Act (42 U.S.C. 7401 et
seq.) as of the date of enactment of the
SAFETEA-LU, the boundaries of the metropolitan
planning area in existence as of such date of
enactment shall be retained.
(B) Exception.--The boundaries described in
subparagraph (A) may be adjusted by agreement
of the Governor and affected metropolitan
planning organizations in the manner described
in subsection (d)(6).
(5) New metropolitan planning areas in
nonattainment.--In the case of an urbanized area
designated after the date of enactment of the SAFETEA-
LU, as a nonattainment area for ozone or carbon
monoxide, the boundaries of the metropolitan planning
area--
(A) shall be established in the manner
described in subsection (d)(1);
(B) shall encompass the areas described in
paragraph (2)(A);
(C) may encompass the areas described in
paragraph (2)(B); and
(D) may address any nonattainment area
identified under the Clean Air Act (42 U.S.C.
7401 et seq.) for ozone or carbon monoxide.
(f) Coordination in Multistate Areas.--
(1) In general.--The Secretary shall encourage each
Governor with responsibility for a portion of a
multistate metropolitan area and the appropriate
metropolitan planning organizations to provide
coordinated transportation planning for the entire
metropolitan area.
(2) Interstate compacts.--The consent of Congress is
granted to any 2 or more States--
(A) to enter into agreements or compacts, not
in conflict with any law of the United States,
for cooperative efforts and mutual assistance
in support of activities authorized under this
section as the activities pertain to interstate
areas and localities within the States; and
(B) to establish such agencies, joint or
otherwise, as the States may determine
desirable for making the agreements and
compacts effective.
(3) Reservation of rights.--The right to alter,
amend, or repeal interstate compacts entered into under
this subsection is expressly reserved.
(g) MPO Consultation in Plan and TIP Coordination.--
(1) Nonattainment areas.--If more than 1 metropolitan
planning organization has authority within a
metropolitan area or an area which is designated as a
nonattainment area for ozone or carbon monoxide under
the Clean Air Act (42 U.S.C. 7401 et seq.), each
metropolitan planning organization shall consult with
the other metropolitan planning organizations
designated for such area and the State in the
coordination of plans and TIPs required by this
section.
(2) Transportation improvements located in multiple
MPOs If a transportation improvement, funded under this
chapter or title 23, is located within the boundaries
of more than 1 metropolitan planning area, the
metropolitan planning organizations shall coordinate
plans and TIPs regarding the transportation
improvement.
(3) Relationship with other planning officials.--
(A) In general.--The Secretary shall
encourage each metropolitan planning
organization to consult with officials
responsible for other types of planning
activities that are affected by transportation
in the area (including State and local planned
growth, economic development, tourism, natural
disaster risk reduction, environmental
protection, airport operations, and freight
movements) or to coordinate its planning
process, to the maximum extent practicable,
with such planning activities.
(B) Requirements.--Under the metropolitan
planning process, transportation plans and TIPs
shall be developed with due consideration of
other related planning activities within the
metropolitan area, and the process shall
provide for the design and delivery of
transportation services within the metropolitan
area that are provided by--
(i) recipients of assistance under
this chapter;
(ii) governmental agencies and
nonprofit organizations (including
representatives of the agencies and
organizations) that receive Federal
assistance from a source other than the
Department of Transportation to provide
nonemergency transportation services;
and
(iii) recipients of assistance under
section 204 of title 23.
(h) Scope of Planning Process.--
(1) In general.--The metropolitan planning process
for a metropolitan planning area under this section
shall provide for consideration of projects and
strategies that will--
(A) support the economic vitality of the
metropolitan area, especially by enabling
global competitiveness, productivity, and
efficiency;
(B) increase the safety of the transportation
system for motorized and nonmotorized users;
(C) increase the security of the
transportation system for motorized and
nonmotorized users;
(D) increase the accessibility and mobility
of people and for freight;
(E) protect and enhance the environment,
promote energy conservation, improve the
quality of life, and promote consistency
between transportation improvements and State
and local planned growth and economic
development patterns;
(F) enhance the integration and connectivity
of the transportation system, across and
between modes, for people and freight;
(G) promote efficient system management and
operation;
(H) emphasize the preservation of the
existing transportation system; and
(I) improve the resiliency and reliability of
the transportation system.
(2) Performance-based approach.--
(A) In general.--The metropolitan
transportation planning process shall provide
for the establishment and use of a performance-
based approach to transportation decisionmaking
to support the national goals described in
section 150(b) of title 23 and the general
purposes described in section 5301.
(B) Performance targets.--
(i) Surface transportation
performance targets.--
(I) In general.--Each
metropolitan planning
organization shall establish
performance targets that
address the performance
measures described in section
150(c) of title 23, where
applicable, to use in tracking
progress towards attainment of
critical outcomes for the
region of the metropolitan
planning organization.
(II) Coordination.--Selection
of performance targets by a
metropolitan planning
organization shall be
coordinated with the relevant
State to ensure consistency, to
the maximum extent practicable.
(ii) Public transportation
performance targets.--Selection of
performance targets by a metropolitan
planning organization shall be
coordinated, to the maximum extent
practicable, with providers of public
transportation to ensure consistency
with sections 5326(c) and 5329(d).
(C) Timing.--Each metropolitan planning
organization shall establish the performance
targets under subparagraph (B) not later than
180 days after the date on which the relevant
State or provider of public transportation
establishes the performance targets.
(D) Integration of other performance-based
plans.--A metropolitan planning organization
shall integrate in the metropolitan
transportation planning process, directly or by
reference, the goals, objectives, performance
measures, and targets described in other State
transportation plans and transportation
processes, as well as any plans developed by
recipients of assistance under this chapter,
required as part of a performance-based
program.
(3) Failure to consider factors.--The failure to
consider any factor specified in paragraphs (1) and (2)
shall not be reviewable by any court under this
chapter, title 23, subchapter II of chapter 5 of title
5, or chapter 7 of title 5 in any matter affecting a
transportation plan, a TIP, a project or strategy, or
the certification of a planning process.
(i) Development of Transportation Plan.--
(1) Requirements.--
(A) In general.--Each metropolitan planning
organization shall prepare and update a
transportation plan for its metropolitan
planning area in accordance with the
requirements of this subsection.
(B) Frequency.--
(i) In general.--The metropolitan
planning organization shall prepare and
update such plan every 4 years (or more
frequently, if the metropolitan
planning organization elects to update
more frequently) in the case of each of
the following:
(I) Any area designated as
nonattainment, as defined in
section 107(d) of the Clean Air
Act (42 U.S.C. 7407(d)).
(II) Any area that was
nonattainment and subsequently
designated to attainment in
accordance with section
107(d)(3) of that Act (42
U.S.C. 7407(d)(3)) and that is
subject to a maintenance plan
under section 175A of that Act
(42 U.S.C. 7505a).
(ii) Other areas.--In the case of any
other area required to have a
transportation plan in accordance with
the requirements of this subsection,
the metropolitan planning organization
shall prepare and update such plan
every 5 years unless the metropolitan
planning organization elects to update
more frequently.
(2) Transportation plan.--A transportation plan under
this section shall be in a form that the Secretary
determines to be appropriate and shall contain, at a
minimum, the following:
(A) Identification of transportation
facilities.--
(i) In general.--An identification of
transportation facilities (including
major roadways, public transportation
facilities, intercity bus facilities,
multimodal and intermodal facilities,
nonmotorized transportation facilities,
and intermodal connectors) that should
function as an integrated metropolitan
transportation system, giving emphasis
to those facilities that serve
important national and regional
transportation functions.
(ii) Factors.--In formulating the
transportation plan, the metropolitan
planning organization shall consider
factors described in subsection (h) as
the factors relate to a 20-year
forecast period.
(B) Performance measures and targets.--A
description of the performance measures and
performance targets used in assessing the
performance of the transportation system in
accordance with subsection (h)(2).
(C) System performance report.--A system
performance report and subsequent updates
evaluating the condition and performance of the
transportation system with respect to the
performance targets described in subsection
(h)(2), including--
(i) progress achieved by the
metropolitan planning organization in
meeting the performance targets in
comparison with system performance
recorded in previous reports; and
(ii) for metropolitan planning
organizations that voluntarily elect to
develop multiple scenarios, an analysis
of how the preferred scenario has
improved the conditions and performance
of the transportation system and how
changes in local policies and
investments have impacted the costs
necessary to achieve the identified
performance targets.
(D) Mitigation activities.--
(i) In general.--A long-range
transportation plan shall include a
discussion of types of potential
environmental mitigation activities and
potential areas to carry out these
activities, including activities that
may have the greatest potential to
restore and maintain the environmental
functions affected by the plan.
(ii) Consultation.--The discussion
shall be developed in consultation with
Federal, State, and tribal wildlife,
land management, and regulatory
agencies.
(E) Financial plan.--
(i) In general.--A financial plan
that--
(I) demonstrates how the
adopted transportation plan can
be implemented;
(II) indicates resources from
public and private sources that
are reasonably expected to be
made available to carry out the
plan; and
(III) recommends any
additional financing strategies
for needed projects and
programs.
(ii) Inclusions.--The financial plan
may include, for illustrative purposes,
additional projects that would be
included in the adopted transportation
plan if reasonable additional resources
beyond those identified in the
financial plan were available.
(iii) Cooperative development.--For
the purpose of developing the
transportation plan, the metropolitan
planning organization, transit
operator, and State shall cooperatively
develop estimates of funds that will be
available to support plan
implementation.
(F) Operational and management strategies.--
Operational and management strategies to
improve the performance of existing
transportation facilities to relieve vehicular
congestion and maximize the safety and mobility
of people and goods.
(G) Capital investment and other
strategies.--Capital investment and other
strategies to preserve the existing and
projected future metropolitan transportation
infrastructure, provide for multimodal capacity
increases based on regional priorities and
needs, and reduce the vulnerability of the
existing transportation infrastructure to
natural disasters.
(H) Transportation and transit enhancement
activities.--Proposed transportation and
transit enhancement activities, including
consideration of the role that intercity buses
may play in reducing congestion, pollution, and
energy consumption in a cost-effective manner
and strategies and investments that preserve
and enhance intercity bus systems, including
systems that are privately owned and operated.
(3) Coordination with Clean Air Act agencies.--In
metropolitan areas that are in nonattainment for ozone
or carbon monoxide under the Clean Air Act (42 U.S.C.
7401 et seq.), the metropolitan planning organization
shall coordinate the development of a transportation
plan with the process for development of the
transportation control measures of the State
implementation plan required by that Act.
(4) Optional scenario development.--
(A) In general.--A metropolitan planning
organization may, while fitting the needs and
complexity of its community, voluntarily elect
to develop multiple scenarios for consideration
as part of the development of the metropolitan
transportation plan, in accordance with
subparagraph (B).
(B) Recommended components.--A metropolitan
planning organization that chooses to develop
multiple scenarios under subparagraph (A) shall
be encouraged to consider--
(i) potential regional investment
strategies for the planning horizon;
(ii) assumed distribution of
population and employment;
(iii) a scenario that, to the maximum
extent practicable, maintains baseline
conditions for the performance measures
identified in subsection (h)(2);
(iv) a scenario that improves the
baseline conditions for as many of the
performance measures identified in
subsection (h)(2) as possible;
(v) revenue constrained scenarios
based on the total revenues expected to
be available over the forecast period
of the plan; and
(vi) estimated costs and potential
revenues available to support each
scenario.
(C) Metrics.--In addition to the performance
measures identified in section 150(c) of title
23, metropolitan planning organizations may
evaluate scenarios developed under this
paragraph using locally-developed measures.
(5) Consultation.--
(A) In general.--In each metropolitan area,
the metropolitan planning organization shall
consult, as appropriate, with State and local
agencies responsible for land use management,
natural resources, environmental protection,
conservation, and historic preservation
concerning the development of a long-range
transportation plan.
(B) Issues.--The consultation shall involve,
as appropriate--
(i) comparison of transportation
plans with State conservation plans or
maps, if available; or
(ii) comparison of transportation
plans to inventories of natural or
historic resources, if available.
(6) Participation by interested parties.--
(A) In general.--Each metropolitan planning
organization shall provide citizens, affected
public agencies, representatives of public
transportation employees, public ports, freight
shippers, providers of freight transportation
services, private providers of transportation
(including intercity bus operators, employer-
based commuting programs, such as a carpool
program, vanpool program, transit benefit
program, parking cash-out program, shuttle
program, or telework program), representatives
of users of public transportation,
representatives of users of pedestrian walkways
and bicycle transportation facilities,
representatives of the disabled, and other
interested parties with a reasonable
opportunity to comment on the transportation
plan.
(B) Contents of participation plan.--A
participation plan--
(i) shall be developed in
consultation with all interested
parties; and
(ii) shall provide that all
interested parties have reasonable
opportunities to comment on the
contents of the transportation plan.
(C) Methods.--In carrying out subparagraph
(A), the metropolitan planning organization
shall, to the maximum extent practicable--
(i) hold any public meetings at
convenient and accessible locations and
times;
(ii) employ visualization techniques
to describe plans; and
(iii) make public information
available in electronically accessible
format and means, such as the World
Wide Web, as appropriate to afford
reasonable opportunity for
consideration of public information
under subparagraph (A).
(7) Publication.--A transportation plan involving
Federal participation shall be published or otherwise
made readily available by the metropolitan planning
organization for public review, including (to the
maximum extent practicable) in electronically
accessible formats and means, such as the World Wide
Web, approved by the metropolitan planning organization
and submitted for information purposes to the Governor
at such times and in such manner as the Secretary shall
establish.
(8) Selection of projects from illustrative list.--
Notwithstanding paragraph (2)(E), a State or
metropolitan planning organization shall not be
required to select any project from the illustrative
list of additional projects included in the financial
plan under paragraph (2)(E).
(j) Metropolitan TIP.--
(1) Development.--
(A) In general.--In cooperation with the
State and any affected public transportation
operator, the metropolitan planning
organization designated for a metropolitan area
shall develop a TIP for the metropolitan
planning area that--
(i) contains projects consistent with
the current metropolitan transportation
plan;
(ii) reflects the investment
priorities established in the current
metropolitan transportation plan; and
(iii) once implemented, is designed
to make progress toward achieving the
performance targets established under
subsection (h)(2).
(B) Opportunity for comment.--In developing
the TIP, the metropolitan planning
organization, in cooperation with the State and
any affected public transportation operator,
shall provide an opportunity for participation
by interested parties in the development of the
program, in accordance with subsection (i)(5).
(C) Funding estimates.--For the purpose of
developing the TIP, the metropolitan planning
organization, public transportation agency, and
State shall cooperatively develop estimates of
funds that are reasonably expected to be
available to support program implementation.
(D) Updating and approval.--The TIP shall
be--
(i) updated at least once every 4
years; and
(ii) approved by the metropolitan
planning organization and the Governor.
(2) Contents.--
(A) Priority list.--The TIP shall include a
priority list of proposed Federally supported
projects and strategies to be carried out
within each 4-year period after the initial
adoption of the TIP.
(B) Financial plan.--The TIP shall include a
financial plan that--
(i) demonstrates how the TIP can be
implemented;
(ii) indicates resources from public
and private sources that are reasonably
expected to be available to carry out
the program;
(iii) identifies innovative financing
techniques to finance projects,
programs, and strategies; and
(iv) may include, for illustrative
purposes, additional projects that
would be included in the approved TIP
if reasonable additional resources
beyond those identified in the
financial plan were available.
(C) Descriptions.--Each project in the TIP
shall include sufficient descriptive material
(such as type of work, termini, length, and
other similar factors) to identify the project
or phase of the project.
(D) Performance target achievement.--The
transportation improvement program shall
include, to the maximum extent practicable, a
description of the anticipated effect of the
transportation improvement program toward
achieving the performance targets established
in the metropolitan transportation plan,
linking investment priorities to those
performance targets.
(3) Included projects.--
(A) Projects under this chapter and title
23.--A TIP developed under this subsection for
a metropolitan area shall include the projects
within the area that are proposed for funding
under this chapter and chapter 1 of title 23.
(B) Projects under chapter 2 of title 23.--
(i) Regionally significant
projects.--Regionally significant
projects proposed for funding under
chapter 2 of title 23 shall be
identified individually in the
transportation improvement program.
(ii) Other projects.--Projects
proposed for funding under chapter 2 of
title 23 that are not determined to be
regionally significant shall be grouped
in 1 line item or identified
individually in the transportation
improvement program.
(C) Consistency with long-range
transportation plan.--Each project shall be
consistent with the long-range transportation
plan developed under subsection (i) for the
area.
(D) Requirement of anticipated full
funding.--The program shall include a project,
or an identified phase of a project, only if
full funding can reasonably be anticipated to
be available for the project or the identified
phase within the time period contemplated for
completion of the project or the identified
phase.
(4) Notice and comment.--Before approving a TIP, a
metropolitan planning organization, in cooperation with
the State and any affected public transportation
operator, shall provide an opportunity for
participation by interested parties in the development
of the program, in accordance with subsection (i)(5).
(5) Selection of projects.--
(A) In general.--Except as otherwise provided
in subsection (k)(4) and in addition to the TIP
development required under paragraph (1), the
selection of Federally funded projects in
metropolitan areas shall be carried out, from
the approved TIP--
(i) by--
(I) in the case of projects
under title 23, the State; and
(II) in the case of projects
under this chapter, the
designated recipients of public
transportation funding; and
(ii) in cooperation with the
metropolitan planning organization.
(B) Modifications to project priority.--
Notwithstanding any other provision of law,
action by the Secretary shall not be required
to advance a project included in the approved
TIP in place of another project in the program.
(6) Selection of projects from illustrative list.--
(A) No required selection.--Notwithstanding
paragraph (2)(B)(iv), a State or metropolitan
planning organization shall not be required to
select any project from the illustrative list
of additional projects included in the
financial plan under paragraph (2)(B)(iv).
(B) Required action by the secretary.--Action
by the Secretary shall be required for a State
or metropolitan planning organization to select
any project from the illustrative list of
additional projects included in the financial
plan under paragraph (2)(B)(iv) for inclusion
in an approved TIP.
(7) Publication.--
(A) Publication of tips.--A TIP involving
Federal participation shall be published or
otherwise made readily available by the
metropolitan planning organization for public
review.
(B) Publication of annual listings of
projects.--
(i) In general.--An annual listing of
projects, including investments in
pedestrian walkways and bicycle
transportation facilities, for which
Federal funds have been obligated in
the preceding year shall be published
or otherwise made available by the
cooperative effort of the State,
transit operator, and metropolitan
planning organization for public
review.
(ii) Requirement.--The listing shall
be consistent with the categories
identified in the TIP.
(k) Transportation Management Areas.--
(1) Identification and designation.--
(A) Required identification.--The Secretary
shall identify as a transportation management
area each urbanized area (as defined by the
Bureau of the Census) with a population of over
200,000 individuals.
(B) Designations on request.--The Secretary
shall designate any additional area as a
transportation management area on the request
of the Governor and the metropolitan planning
organization designated for the area.
(2) Transportation plans.--In a transportation
management area, transportation plans shall be based on
a continuing and comprehensive transportation planning
process carried out by the metropolitan planning
organization in cooperation with the State and public
transportation operators.
(3) Congestion management process.--
(A) In general.--Within a metropolitan
planning area serving a transportation
management area, the transportation planning
process under this section shall address
congestion management through a process that
provides for effective management and
operation, based on a cooperatively developed
and implemented metropolitan-wide strategy, of
new and existing transportation facilities
eligible for funding under this chapter and
title 23 through the use of travel demand
reduction (including intercity bus operators,
employer-based commuting programs, such as a
carpool program, vanpool program, transit
benefit program, parking cash-out program,
shuttle program, or telework program), job
access projects, and operational management
strategies.
(B) Schedule.--The Secretary shall establish
an appropriate phase-in schedule for compliance
with the requirements of this section but no
sooner than 1 year after the identification of
a transportation management area.
(C) Congestion management plan.--A
metropolitan planning organization serving a
transportation management area may develop a
plan that includes projects and strategies that
will be considered in the TIP of such
metropolitan planning organization. Such plan
shall--
(i) develop regional goals to reduce
vehicle miles traveled during peak
commuting hours and improve
transportation connections between
areas with high job concentration and
areas with high concentrations of low-
income households;
(ii) identify existing public
transportation services, employer-based
commuter programs, and other existing
transportation services that support
access to jobs in the region; and
(iii) identify proposed projects and
programs to reduce congestion and
increase job access opportunities.
(D) Participation.--In developing the plan
under subparagraph (C), a metropolitan planning
organization shall consult with employers,
private and non-profit providers of public
transportation, transportation management
organizations, and organizations that provide
job access reverse commute projects or job-
related services to low-income individuals.
(4) Selection of projects.--
(A) In general.--All Federally funded
projects carried out within the boundaries of a
metropolitan planning area serving a
transportation management area under title 23
(excluding projects carried out on the National
Highway System) or under this chapter shall be
selected for implementation from the approved
TIP by the metropolitan planning organization
designated for the area in consultation with
the State and any affected public
transportation operator.
(B) National Highway System projects.--
Projects carried out within the boundaries of a
metropolitan planning area serving a
transportation management area on the National
Highway System shall be selected for
implementation from the approved TIP by the
State in cooperation with the metropolitan
planning organization designated for the area.
(5) Certification.--
(A) In general.--The Secretary shall--
(i) ensure that the metropolitan
planning process of a metropolitan
planning organization serving a
transportation management area is being
carried out in accordance with
applicable provisions of Federal law;
and
(ii) subject to subparagraph (B),
certify, not less often than once every
4 years, that the requirements of this
paragraph are met with respect to the
metropolitan planning process.
(B) Requirements for certification.--The
Secretary may make the certification under
subparagraph (A) if--
(i) the transportation planning
process complies with the requirements
of this section and other applicable
requirements of Federal law; and
(ii) there is a TIP for the
metropolitan planning area that has
been approved by the metropolitan
planning organization and the Governor.
(C) Effect of failure to certify.--
(i) Withholding of project funds.--If
a metropolitan planning process of a
metropolitan planning organization
serving a transportation management
area is not certified, the Secretary
may withhold up to 20 percent of the
funds attributable to the metropolitan
planning area of the metropolitan
planning organization for projects
funded under this chapter and title 23.
(ii) Restoration of withheld funds.--
The withheld funds shall be restored to
the metropolitan planning area at such
time as the metropolitan planning
process is certified by the Secretary.
(D) Review of certification.--In making
certification determinations under this
paragraph, the Secretary shall provide for
public involvement appropriate to the
metropolitan area under review.
(l) Report on Performance-based Planning Processes.--
(1) In general.--The Secretary shall submit to
Congress a report on the effectiveness of the
performance-based planning processes of metropolitan
planning organizations under this section, taking into
consideration the requirements of this subsection.
(2) Report.--Not later than 5 years after the date of
enactment of the Federal Public Transportation Act of
2012, the Secretary shall submit to Congress a report
evaluating--
(A) the overall effectiveness of performance-
based planning as a tool for guiding
transportation investments;
(B) the effectiveness of the performance-
based planning process of each metropolitan
planning organization under this section;
(C) the extent to which metropolitan planning
organizations have achieved, or are currently
making substantial progress toward achieving,
the performance targets specified under this
section and whether metropolitan planning
organizations are developing meaningful
performance targets; and
(D) the technical capacity of metropolitan
planning organizations that operate within a
metropolitan planning area with a population of
200,000 or less and their ability to carry out
the requirements of this section.
(3) Publication.--The report under paragraph (2)
shall be published or otherwise made available in
electronically accessible formats and means, including
on the Internet.
(m) Abbreviated Plans for Certain Areas.--
(1) In general.--Subject to paragraph (2), in the
case of a metropolitan area not designated as a
transportation management area under this section, the
Secretary may provide for the development of an
abbreviated transportation plan and TIP for the
metropolitan planning area that the Secretary
determines is appropriate to achieve the purposes of
this section, taking into account the complexity of
transportation problems in the area.
(2) Nonattainment areas.--The Secretary may not
permit abbreviated plans or TIPs for a metropolitan
area that is in nonattainment for ozone or carbon
monoxide under the Clean Air Act (42 U.S.C. 7401 et
seq.).
(n) Additional Requirements for Certain Nonattainment
Areas.--
(1) In general.--Notwithstanding any other provisions
of this chapter or title 23, for transportation
management areas classified as nonattainment for ozone
or carbon monoxide pursuant to the Clean Air Act (42
U.S.C. 7401 et seq.), Federal funds may not be advanced
in such area for any highway project that will result
in a significant increase in the carrying capacity for
single-occupant vehicles unless the project is
addressed through a congestion management process.
(2) Applicability.--This subsection applies to a
nonattainment area within the metropolitan planning
area boundaries determined under subsection (e).
(o) Limitation on Statutory Construction.--Nothing in this
section shall be construed to confer on a metropolitan planning
organization the authority to impose legal requirements on any
transportation facility, provider, or project not eligible
under this chapter or title 23.
(p) Funding.--Funds apportioned under section 104(b)(5) of
title 23 or section 5305(g) shall be available to carry out
this section.
(q) Continuation of Current Review Practice.--Since plans and
TIPs described in this section are subject to a reasonable
opportunity for public comment, since individual projects
included in plans and TIPs are subject to review under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.), and since decisions by the Secretary concerning plans
and TIPs described in this section have not been reviewed under
that Act as of January 1, 1997, any decision by the Secretary
concerning a plan or TIP described in this section shall not be
considered to be a Federal action subject to review under that
Act.
(r) Bi-State Metropolitan Planning Organization.--
(1) Definition of bi-state mpo Region.--In this
subsection, the term ``Bi-State Metropolitan Planning
Organization'' has the meaning given the term
``region'' in subsection (a) of Article II of the Lake
Tahoe Regional Planning Compact (Public Law 96-551; 94
Stat. 3234).
(2) Treatment.--For the purpose of this title, the
Bi-State Metropolitan Planning Organization shall be
treated as--
(A) a metropolitan planning organization;
(B) a transportation management area under
subsection (k); and
(C) an urbanized area, which is comprised of
a population of 145,000 and 25 square miles of
land area in the State of California and a
population of 65,000 and 12 square miles of
land area in the State of Nevada.
* * * * * * *
SUBTITLE IV--INTERSTATE TRANSPORTATION
* * * * * * *
PART B--MOTOR CARRIERS, WATER CARRIERS, BROKERS, AND FREIGHT FORWARDERS
* * * * * * *
CHAPTER 145--FEDERAL-STATE RELATIONS
Sec. 14501. Federal authority over intrastate transportation
(a) Motor Carriers of Passengers.--
(1) Limitation on state law.--No State or political
subdivision thereof and no interstate agency or other
political agency of 2 or more States shall enact or
enforce any law, rule, regulation, standard, or other
provision having the force and effect of law relating
to--
(A) scheduling of interstate or intrastate
transportation (including discontinuance or
reduction in the level of service) provided by
a motor carrier of passengers subject to
jurisdiction under subchapter I of chapter 135
of this title on an interstate route;
(B) the implementation of any change in the
rates for such transportation or for any
charter transportation except to the extent
that notice, not in excess of 30 days, of
changes in schedules may be required; or
(C) the authority to provide intrastate or
interstate charter bus transportation.
This paragraph shall not apply to intrastate commuter
bus operations, or to intrastate bus transportation of
any nature in the State of Hawaii.
(2) Matters not covered.--Paragraph (1) shall not
restrict the safety regulatory authority of a State
with respect to motor vehicles, the authority of a
State to impose highway route controls or limitations
based on the size or weight of the motor vehicle, or
the authority of a State to regulate carriers with
regard to minimum amounts of financial responsibility
relating to insurance requirements and self-insurance
authorization.
(b) Freight Forwarders and Brokers.--
(1) General rule.--Subject to paragraph (2) of this
subsection, no State or political subdivision thereof
and no intrastate agency or other political agency of 2
or more States shall enact or enforce any law, rule,
regulation, standard, or other provision having the
force and effect of law relating to intrastate rates,
intrastate routes, or intrastate services of any
freight forwarder or broker.
(2) Continuation of Hawaii's authority.--Nothing in
this subsection and the amendments made by the Surface
Freight Forwarder Deregulation Act of 1986 shall be
construed to affect the authority of the State of
Hawaii to continue to regulate a motor carrier
operating within the State of Hawaii.
(c) Motor Carriers of Property.--
(1) General rule.--Except as provided in [paragraphs
(2) and (3)] paragraphs (3) and (4), a State, political
subdivision of a State, or political authority of 2 or
more States may not enact or enforce a law, regulation,
or other provision having the force and effect of law
related to a price, route, or service of any motor
carrier (other than a carrier affiliated with a direct
air carrier covered by section 41713(b)(4)) or any
motor private carrier, broker, or freight forwarder
with respect to the transportation of property.
(2) Additional limitations.--
(A) A State, political subdivision of a
State, or political authority of 2 or more
States may not enact or enforce a law,
regulation, or other provision having the force
and effect of law prohibiting employees whose
hours of service are subject to regulation by
the Secretary under section 31502 from working
to the full extent permitted or at such times
as permitted under such section, or imposing
any additional obligations on motor carriers if
such employees work to the full extent or at
such times as permitted under such section,
including any related activities regulated
under part 395 of title 49, Code of Federal
Regulations.
(B) Nothing in this paragraph shall be
construed to limit the provisions of paragraph
(1).
[(2)] (3) Matters not covered.--[Paragraph (1)]
Paragraphs (1) and (2)--
(A) shall not restrict the safety regulatory
authority of a State with respect to motor
vehicles, the authority of a State to impose
highway route controls or limitations based on
the size or weight of the motor vehicle or the
hazardous nature of the cargo, or the authority
of a State to regulate motor carriers with
regard to minimum amounts of financial
responsibility relating to insurance
requirements and self-insurance authorization;
(B) does not apply to the intrastate
transportation of household goods; and
(C) does not apply to the authority of a
State or a political subdivision of a State to
enact or enforce a law, regulation, or other
provision relating to the regulation of tow
truck operations performed without the prior
consent or authorization of the owner or
operator of the motor vehicle.
[(3)] (4) State standard transportation practices.--
(A) Continuation.--[Paragraph (1)] Paragraphs
(1) and (2) shall not affect any authority of a
State, political subdivision of a State, or
political authority of 2 or more States to
enact or enforce a law, regulation, or other
provision, with respect to the intrastate
transportation of property by motor carriers,
related to--
(i) uniform cargo liability rules,
(ii) uniform bills of lading or
receipts for property being
transported,
(iii) uniform cargo credit rules,
(iv) antitrust immunity for joint
line rates or routes, classifications,
mileage guides, and pooling, or
(v) antitrust immunity for agent-van
line operations (as set forth in
section 13907),
if such law, regulation, or provision meets the
requirements of subparagraph (B).
(B) Requirements.--A law, regulation, or
provision of a State, political subdivision, or
political authority meets the requirements of
this subparagraph if--
(i) the law, regulation, or provision
covers the same subject matter as, and
compliance with such law, regulation,
or provision is no more burdensome than
compliance with, a provision of this
part or a regulation issued by the
Secretary or the Board under this part;
and
(ii) the law, regulation, or
provision only applies to a carrier
upon request of such carrier.
(C) Election.--Notwithstanding any other
provision of law, a carrier affiliated with a
direct air carrier through common controlling
ownership may elect to be subject to a law,
regulation, or provision of a State, political
subdivision, or political authority under this
paragraph.
[(4)] (5) Nonapplicability to Hawaii.--This
subsection shall not apply with respect to the State of
Hawaii.
[(5)] (6) Limitation on statutory construction.--
Nothing in this section shall be construed to prevent a
State from requiring that, in the case of a motor
vehicle to be towed from private property without the
consent of the owner or operator of the vehicle, the
person towing the vehicle have prior written
authorization from the property owner or lessee (or an
employee or agent thereof) or that such owner or lessee
(or an employee or agent thereof) be present at the
time the vehicle is towed from the property, or both.
(d) Pre-Arranged Ground Transportation.--
(1) In general.--No State or political subdivision
thereof and no interstate agency or other political
agency of 2 or more States shall enact or enforce any
law, rule, regulation, standard or other provision
having the force and effect of law requiring a license
or fee on account of the fact that a motor vehicle is
providing pre-arranged ground transportation service if
the motor carrier providing such service--
(A) meets all applicable registration
requirements under chapter 139 for the
interstate transportation of passengers;
(B) meets all applicable vehicle and
intrastate passenger licensing requirements of
the State or States in which the motor carrier
is domiciled or registered to do business; and
(C) is providing such service pursuant to a
contract for--
(i) transportation by the motor
carrier from one State, including
intermediate stops, to a destination in
another State; or
(ii) transportation by the motor
carrier from one State, including
intermediate stops in another State, to
a destination in the original State.
(2) Intermediate stop defined.--In this section, the
term ``intermediate stop'', with respect to
transportation by a motor carrier, means a pause in the
transportation in order for one or more passengers to
engage in personal or business activity, but only if
the driver providing the transportation to such
passenger or passengers does not, before resuming the
transportation of such passenger (or at least 1 of such
passengers), provide transportation to any other person
not included among the passengers being transported
when the pause began.
(3) Matters not covered.--Nothing in this subsection
shall be construed--
(A) as subjecting taxicab service to
regulation under chapter 135 or section 31138;
(B) as prohibiting or restricting an airport,
train, or bus terminal operator from
contracting to provide preferential access or
facilities to one or more providers of pre-
arranged ground transportation service; and
(C) as restricting the right of any State or
political subdivision of a State to require, in
a nondiscriminatory manner, that any individual
operating a vehicle providing prearranged
ground transportation service originating in
the State or political subdivision have
submitted to pre-licensing drug testing or a
criminal background investigation of the
records of the State in which the operator is
domiciled, by the State or political
subdivision by which the operator is licensed
to provide such service, or by the motor
carrier providing such service, as a condition
of providing such service.
* * * * * * *
----------
TITLE 46, UNITED STATES CODE
* * * * * * *
Subtitle II--Vessels and Seamen
* * * * * * *
Part G--Merchant Seamen Protection and Relief
* * * * * * *
CHAPTER 103--FOREIGN AND INTERCOASTAL VOYAGES
* * * * * * *
Sec. 10313. Wages
(a) A seaman's entitlement to wages and provisions begins
when the seaman begins work or when specified in the agreement
required by section 10302 of this title for the seaman to begin
work or be present on board, whichever is earlier.
(b) Wages are not dependent on the earning of freight by the
vessel. When the loss or wreck of the vessel ends the service
of a seaman before the end of the period contemplated in the
agreement, the seaman is entitled to wages for the period of
time actually served. The seaman shall be deemed a destitute
seaman under section 11104 of this title. This subsection
applies to a fishing or whaling vessel but not a yacht.
(c) When a seaman who has signed an agreement is discharged
improperly before the beginning of the voyage or before one
month's wages are earned, without the seaman's consent and
without the seaman's fault justifying discharge, the seaman is
entitled to receive from the master or owner, in addition to
wages earned, one month's wages as compensation.
(d) A seaman is not entitled to wages for a period during
which the seaman--
(1) unlawfully failed to work when required, after
the time fixed by the agreement for the seaman to begin
work; or
(2) lawfully was imprisoned for an offense, unless a
court hearing the case otherwise directs.
(e) After the beginning of the voyage, a seaman is entitled
to receive from the master, on demand, one-half of the balance
of wages earned and unpaid at each port at which the vessel
loads or delivers cargo during the voyage. A demand may not be
made before the expiration of 5 days from the beginning of the
voyage, not more than once in 5 days, and not more than once in
the same port on the same entry. If a master does not comply
with this subsection, the seaman is released from the agreement
and is entitled to payment of all wages earned. Notwithstanding
a release signed by a seaman under section 10312 of this title,
a court having jurisdiction may set aside, for good cause
shown, the release and take action that justice requires. This
subsection does not apply to a fishing or whaling vessel or a
yacht.
(f) At the end of a voyage, the master shall pay each seaman
the balance of wages due the seaman within 24 hours after the
cargo has been discharged or within 4 days after the seaman is
discharged, whichever is earlier. When a seaman is discharged
and final payment of wages is delayed for the period permitted
by this subsection, the seaman is entitled at the time of
discharge to one-third of the wages due the seaman.
(g)(1) Subject to paragraph (2), when payment is not made as
provided under subsection (f) of this section without
sufficient cause, the master or owner shall pay to the seaman 2
days' wages for each day payment is delayed.
(2) The total amount required to be paid under paragraph (1)
with respect to [all claims in a class action suit by seamen]
each claim by a seaman on a passenger vessel capable of
carrying more than 500 passengers for wages under this section
against a vessel master, owner, or operator or the employer of
[the seamen] the seaman shall not exceed ten times the unpaid
wages that are the subject of the claims.
(3) A [class action] suit for wages under this subsection
must be commenced within three years after the later of--
(A) the date of the end of the last voyage for which
the wages are claimed; or
(B) the receipt[, by a seaman who is a claimant in
the suit,] by the seaman of a payment of wages that are
the subject of the suit that is made in the ordinary
course of employment.
(h) Subsections (f) and (g) of this section do not apply to a
fishing or whaling vessel or a yacht.
(i) This section applies to a seaman on a foreign vessel when
in a harbor of the United States. The courts are available to
the seaman for the enforcement of this section.
* * * * * * *
CHAPTER 105--COASTWISE VOYAGES
* * * * * * *
Sec. 10504. Wages
(a) After the beginning of a voyage, a seaman is entitled to
receive from the master, on demand, one-half of the balance of
wages earned and unpaid at each port at which the vessel loads
or delivers cargo during the voyage. A demand may not be made
before the expiration of 5 days from the beginning of the
voyage, not more than once in 5 days, and not more than once in
the same port on the same entry. If a master does not comply
with this subsection, the seaman is released from the agreement
required by section 10502 of this title and is entitled to
payment of all wages earned. Notwithstanding a release signed
by a seaman under section 10312 of this title, a court having
jurisdiction may set aside, for good cause shown, the release
and take action that justice requires. This subsection does not
apply to a fishing or whaling vessel or a yacht.
(b) The master shall pay a seaman the balance of wages due
the seaman within 2 days after the termination of the agreement
required by section 10502 of this title or when the seaman is
discharged, whichever is earlier.
(c)(1) Subject to subsection (d), and except as provided in
paragraph (2), when payment is not made as provided under
subsection (b) of this section without sufficient cause, the
master or owner shall pay to the seaman 2 days' wages for each
day payment is delayed.
(2) The total amount required to be paid under paragraph (1)
with respect to [all claims in a class action suit by seamen]
each claim by a seaman on a passenger vessel capable of
carrying more than 500 passengers for wages under this section
against a vessel master, owner, or operator or the employer of
[the seamen] the seaman shall not exceed ten times the unpaid
wages that are the subject of the claims.
(3) A [class action] suit for wages under this subsection
must be commenced within three years after the later of--
(A) the date of the end of the last voyage for which
the wages are claimed; or
(B) the receipt[, by a seaman who is a claimant in
the suit,] by the seaman of a payment of wages that are
the subject of the suit that is made in the ordinary
course of employment.
(d) Subsections (b) and (c) of this section do not apply to:
(1) a vessel engaged in coastwise commerce.
(2) a yacht.
(3) a fishing vessel.
(4) a whaling vessel.
(e) This section applies to a seaman on a foreign vessel when
in harbor of the United States. The courts are available to the
seaman for the enforcement of this section.
(f) Deposits in Seaman Account.--On written request signed by
the seaman, a seaman employed on a passenger vessel capable of
carrying more than 500 passengers may authorize, the master,
owner, or operator of the vessel, or the employer of the
seaman, to make deposits of wages of the seaman into a
checking, savings, investment, or retirement account, or other
account to secure a payroll or debit card for the seaman if--
(1) the wages designated by the seaman for such
deposit are deposited in a United States or
international financial institution designated by the
seaman;
(2) such deposits in the financial institution are
fully guaranteed under commonly accepted international
standards by the government of the country in which the
financial institution is licensed;
(3) a written wage statement or pay stub, including
an accounting of any direct deposit, is delivered to
the seaman no less often than monthly; and
(4) while on board the vessel on which the seaman is
employed, the seaman is able to arrange for withdrawal
of all funds on deposit in the account in which the
wages are deposited.
* * * * * * *
CHANGES IN THE APPLICATION OF EXISTING LAW
Pursuant to clause 3(f)(1)(A) of rule XIII of the Rules of
the House of Representatives, the following statements are
submitted describing the effect of provisions in the
accompanying bill which directly or indirectly change the
application of existing law.
TITLE I--DEPARTMENT OF TRANSPORTATION
Language is included under Office of the Secretary,
`Salaries and expenses' specifying certain amounts for
individual offices of the Office of the Secretary and official
reception and representation expenses; specifying transfer
authority among offices; allowing up to $2,500,000 in user fees
to be credited to the account; and prohibiting the
establishment of Assistant Secretary of Public Affairs.
Language is included under the Office of the Secretary,
`Research and technology' which limits the availability of
funds, changes the availability of funds, allows funds received
from other entities to be credited to the account, and deems
the title of the office.
Language is included under the Office of the Secretary,
`National Infrastructure Investments' which limits the
availability of funds, provides for the distribution of funds,
specifies that funds are available only for certain activities,
allows the use of funds for administrative costs, ensures
equitable geographic distribution of funds, specifies amounts
for grants, limits that amount that may be awarded to a single
state, specifies an amount for the federal cost share, provides
priority to projects that require a contribution of Federal
funds, specifies a percentage for administration and oversight,
minimum grants size and Federal cost share for rural projects,
and specifies that projects must comply with certain
requirements in the United States Code.
Language is included under the Office of the Secretary,
`Financial management capital' which provides funds to upgrade
DOT's financial systems and processes, and changes the
availability of funds.
Language is included under the Office of the Secretary,
`Cyber security initiatives' which provides funds for
information technology security upgrades, and changes the
availability of funds.
Language is included under the Office of the Secretary,
`Transportation planning, research, and development' which
provides funds for conducting transportation planning,
research, systems development, development activities and
making grants, and changes the availability of funds.
Language is included that limits operating costs and
capital outlays of the Working Capital Fund for the Department
of Transportation; provides that services shall be provided on
a competitive basis, except for non-DOT entities; restricts the
transfer for any funds to the Working Capital Fund with
approval; and limits special assessments or reimbursable
agreements levied against any program, project or activity
funded in this Act to only those assessments or reimbursable
agreements that are presented to and approved by the House and
Senate Committees on Appropriations.
Language is included under the Office of the Secretary,
`Minority business resource center' which limits the amount of
loans that can be subsidized, and provides funds for
administrative expenses.
Language is included under Office of the Secretary, `Small
and disadvantaged business utilization and outreach' specifying
that funds may be used for business opportunities related to
any mode of transportation, and limits the availability of
funds.
Language is included under the Office of the Secretary,
`Payments to air carriers' that allows the Secretary of
Transportation to consider subsidy requirements when
determining service to a community, eliminates the requirement
that carriers use at least 15-passenger aircraft, prohibits
funds for communities within a certain distance of a small hub
airport without a cost-share, allows amounts to be made
available from the Federal Aviation Administration, and allows
the reimbursement of such amounts from overflight fees.
Section 101 prohibits the Office of the Secretary of
Transportation from approving assessments or reimbursable
agreements pertaining to funds appropriated to the modal
administrations in this Act, unless such assessments or
agreements have completed the normal reprogramming process for
Congressional notification.
Section 102 allows the Department to use the Working
Capital Fund to provide transit benefits to Federal employees.
Section 103 sets administrative requirements of the
Department's Credit Council.
Language is included under the Federal Aviation
Administration, `Operations' that specifies funds for certain
activities; derives funds from the Airport and Airway Trust
Fund; specifies amounts for certain activities; specifies
transfer authorities among activities; requires various
staffing plans by a certain date with financial penalties for
late submissions; permits the use of funds to enter into a
grant agreement with a nonprofit standard setting organization
to develop aviation safety standards; prohibits the use of
funds for new applicants of the second career training program;
prohibits funds to plan, finalize, or implement any regulation
that would promulgate new aviation user fees not specifically
authorized by law; credits funds received from other entities
for expenses incurred in the provision of agency services;
specifies funds for the contract tower programs; and prohibits
funds from certain activities coordinated through the Working
Capital Fund.
Language is included under Federal Aviation Administration,
`Facilities and equipment' that funds various activities from
the Airport and Airway Trust Fund, limits the availability of
funds, allows certain funds received for expenses incurred in
the establishment and modernization of air navigation
facilities to be credited to the account, and that requires the
Secretary of Transportation to transmit a comprehensive capital
investment plan for the Federal Aviation Administration, with
financial penalties for a late submission.
Language is included under Federal Aviation Administration,
`Research, engineering, and development' that provides funds
from the Airport and Airway Trust Fund; that limits the
availability of funds; and that allows certain funds received
for expenses incurred in research, engineering and development
to be credited to the account.
Language is included under Federal Aviation Administration,
`Grants-in-aid for airports' that provides funds from the
Airport and Airway Trust Fund, changes the availability of
funds, prohibits the availability of funds for certain
activities, and limits the availability of funds for certain
activities.
Section 110 limits the number of technical workyears at the
Center for Advanced Aviation Systems Development to 600 in
fiscal year 2017.
Section 111 prohibits FAA from requiring airport sponsors
to provide the agency `without cost' building construction,
maintenance, utilities and expenses, or space in sponsor-owned
buildings, except in the case of certain specified exceptions.
Section 112 allows reimbursement for fees collected and
credited under 49 U.S.C. 45303.
Section 113 allows reimbursement of funds for providing
technical assistance to foreign aviation authorities to be
credited to the operations account.
Section 114 prohibits the FAA from paying Sunday premium
pay except in those cases where the individual actually worked
on a Sunday.
Section 115 prohibits FAA from using funds to purchase
store gift cards or gift certificates through a government-
issued credit card.
Section 116 requires approval from the Assistant Secretary
for Administration of the Department of Transportation for
retention bonuses for any FAA employee.
Section 117 requires the Secretary to block the display of
an owner or operator's aircraft registration number in the
Aircraft Situational Display to Industry program, upon the
request of an owner or operator.
Section 118 prohibits funds for more than 9 political
appointees at the Federal Aviation Administration.
Section 119 prohibits funds to increase fees pursuant to
Section 44721 of title 49, U.S.C. until the FAA submits a
report to the House and Senate Committees on Appropriations.
Section 119A prohibits funds to close a regional operations
center or reduce services unless the Administrator notifies the
House and Senate Committees on Appropriations.
Section 119B prohibits funds to change weigh restrictions
or prior permission rules at Teterboro airport in Teterboro,
New Jersey.
Language is included under the Federal Highway
Administration, `Limitation on administrative expenses' that,
contingent on enactment of authorization legislation, limits
the amount to be paid, together with advances and
reimbursements received, for the administrative expenses of the
agency. In addition to this limitation, an amount is specified
that is to be made available to the Appalachian Regional
Commission for administrative expenses.
Language is included under the Federal Highway
Administration, `Federal-aid highways' that, contingent on
enactment of authorization legislation, limits the obligations
for Federal-aid highways and highway safety construction
programs; allows the Secretary to charge, collect and spend
fees for the costs of underwriting and servicing Federal credit
instruments; and provides that such amounts are in addition to
administrative expenses, and not subject to any obligation
limitation or limitation on administrative expenses under
section 608 of title 23, U.S.C., and available until expended.
Language is included under the Federal Highway
Administration, `Federal-aid highways' that, contingent on
enactment of authorization legislation, liquidates contract
authority from the Highway Trust Fund.
Section 120 distributes obligation authority among Federal-
aid highways programs, contingent on enactment of authorization
legislation.
Section 121 credits funds received by the Bureau of
Transportation Statistics to the Federal-aid highways account.
Section 122 provides requirements for any waiver of the Buy
America Act.
Section 123 requires Congressional notification before the
Department provides credit assistance under sections 603 and
604 of title 23, U.S.C.
Language is included under the Federal Motor Carrier Safety
Administration, `Motor carrier safety operations and programs'
that, contingent on enactment of authorization legislation,
provides a limitation on obligations and liquidation of
contract authorization; changes the availability of funds; and
specifies amounts available for specific activities.
Language is included under the Federal Motor Carrier Safety
Administration, `Motor carrier safety grants' that, contingent
on enactment of authorization legislation, provides a
limitation on obligations and liquidation of contract
authorization and specifies amounts available for various
programs.
Section 130 provides that funds appropriated are subject to
terms and conditions included in prior appropriations Acts
regarding Mexico-domiciled motor carriers.
Section 131 requires the Federal Motor Carrier Safety
Administration to send notices of certain violations such that
the receipt of such notice is confirmed.
Section 132 suspends enforcement of recent changes to the
restart provisions of the hours of service regulation unless
certain conditions are met.
Section 133 prohibits funds from being used for a wireless
roadside inspection program unless certain conditions are met.
Section 134 clarified the preemption of state and local
laws and regulations by federal laws, and regulations related
to motor carrier driver hours of service, and makes such
preemption retroactive to the date of enactment of Public Law
103-305.
Section 135 prohibits funds from being used to amend or
revise regulations relating to safety fitness determinations
for motor carriers unless certain conditions are met.
Language is included under National Highway Traffic Safety
Administration, `Operations and research' that provides funds
for vehicle safety activities.
Language is included under National Highway Traffic Safety
Administration, `Operations and research' that, contingent on
enactment of authorization legislation, provides a limitation
on obligations and a liquidation of contract authorization from
the Highway Trust Fund; specifies amounts for various programs;
and makes available unobligated balances of prior year contract
authority.
Language is included under the National Highway Traffic
Safety Administration `Highway traffic safety grants' that,
contingent on enactment of authorization legislation, provides
a limitation on obligations; changes the availability of funds;
provides a liquidation of contract authorization from the
Highway Trust Fund; specifies the amounts for various programs;
prohibits and limits funds for specific purposes; and requires
certain Congressional notifications.
Section 140 provides funding for travel and related
expenses for state management reviews and highway safety core
competency development training.
Section 141 exempts obligation authority that was made
available in previous public laws from limitations on
obligations set in this Act.
Section 142 prohibits funding for the national roadside
survey.
Section 143 prohibits funding for mandated global
positioning system tracking.
Language is included under Federal Railroad Administration,
`Safety and operations' that provides and changes the
availability of funds.
Language is included under Federal Railroad Administration,
`Railroad research and development' that provides and changes
the availability of funds.
Language is included under Federal Railroad Administration,
`Railroad rehabilitation and improvement financing program'
authorizing the Secretary to issue direct loans and loan
guarantees under sections 501 through 504 of the Railroad
Revitalization and Regulatory Reform Act and prohibits new
direct loans or loan guarantee commitments in 2017 that use
Federal funds for the credit risk premium, except for funding
awards under section 3028(c) of Public Law 114-94.
Language is included under the Federal Railroad
Administration, `Federal-State partnership for the state of
good repair grants' that provide funds, changes the
availability of funds, and allows the Secretary to withhold
funding for a specified purpose.
Language is included under the Federal Railroad
Administration, `Consolidated rail infrastructure and safety
improvement grants' that provide funds, changes the
availability of funds, and allows the Secretary to withhold
funding for a specified purpose.
Language is included under the Federal Railroad
Administration, `Northeast corridor grants to the national
railroad passenger corporation' that provides and specifies a
funding level for activities.
Language is included under the Federal Railroad
Administration, `National network grants to the national
railroad passenger corporation' that provides and specifies a
funding level for activities.
Section 150 limits overtime to $35,000 per employee; allows
Amtrak's president to waive this restriction for specific
employees for safety or operational efficiency reasons;
requires quarterly notification to the House and Senate
Committees on Appropriations on waivers granted for overtime
and specified information related to overtime; requires the
president of Amtrak to provide a report that includes specified
information on overtime payments incurred for 2016 and two
prior years.
Language is included under Federal Transit Administration,
`Administrative expenses' specifying amounts for certain
activities, prohibiting a permanent office of transit security,
and directing the submission of the annual report on new
starts.
Language is included under Federal Transit Administration,
`Transit formula grants' that provides a limitation on
obligations from the Highway Trust Fund, provides for the
liquidation of contract authority, and changes the availability
of funds.
Language is included under Federal Transit Administration
`Technical assistance and training' that specifies amounts for
certain activities.
Language is included under Federal Transit Administration,
`Capital investment grants' that changes the availability of
funds.
Language is included under Federal Transit Administration,
`Washington metropolitan area transit authority' that changes
the availability of funds, requires the Secretary to review
projects before a grant is made, requires the Secretary to
determine that WMATA has placed the highest priority on safety
investments and has eliminated financial management issues, and
allows the Secretary to waive the requirement for cellular
phone service.
Section 160 exempts previously made transit obligations
from limitations on obligations.
Section 161 allows funds appropriated for capital
investment grants and bus and bus facilities not obligated by a
certain date, plus other recoveries to be available for other
projects under 49 U.S.C. 5309.
Section 162 allows for the transfer of prior year
appropriations from older accounts to be merged into new
accounts with similar, current activities.
Section 163 prohibits a full funding grant agreement for a
project with a new starts share greater than 50 percent.
Section 164 prohibits funds for a certain fixed guideway
project in Houston, Texas.
Language is included under the Saint Lawrence Seaway
Development Corporation that authorizes expenditures,
contracts, and commitments as may be necessary.
Language is included under the Saint Lawrence Seaway
Development Corporation `Operations and maintenance' that
provides funds derived from the Harbor Maintenance Trust Fund.
Language is included under Maritime Administration,
`Maritime security program' that provides funds to preserve a
U.S. flag merchant fleet.
Language is included under Maritime Administration,
`Operations and training' that provides specific funds for a
national security multi-mission vessel design, training ship
fuel assistance payments, maritime environment and technology
assistance, Student Incentive Program payments, capital
improvements at the United States Merchant Marine Academy, and
the State Maritime Schools Schoolship Maintenance and Repair;
directs allotment holders; and limits funds until the Secretary
completes a plan detailing how funding will be expended at the
Academy.
Language is included under Maritime Administration,
`Maritime guaranteed loan (title XI) program account' that
provides for the transfer to ``Operations and training.''
Section 170 allows the Maritime Administration to furnish
utilities and services and make repairs to any lease, contract,
or occupancy involving government property under the control of
MARAD.
Section 171 continues a provision regarding MARAD ship
disposal.
Language is included under Pipeline and Hazardous Materials
Safety Administration, `Operational expenses' which provides
funding for operations.
Language is included under Pipeline and Hazardous Materials
Safety Administration, `Hazardous materials safety' which funds
hazardous and materials safety functions, limits the period of
availability, allows up to $800,000 in fees collected under 49
U.S.C. 5108(g) to be deposited in the general fund of the
Treasury as offsetting receipts, and credits to the
appropriation for the account funds received from states,
counties, other public authorities, and private sources for
certain expenses.
Language is included under Pipeline and Hazardous Materials
Safety Administration, `Pipeline safety' which specifies the
amounts derived from the pipeline safety fund and the oil spill
liability trust fund, limits the period of availability, and
specifies a minimum funding level for the one-call state grant
program.
Language is included under Pipeline and Hazardous Materials
Safety Administration, `Emergency preparedness grants' which
specifies the amount derived from the Emergency Preparedness
Fund, limits the availability of some funds, allows up to four
percent of funds made available for administrative costs, and
prohibits funds from being obligated by anyone other than the
Secretary or a designee of the Secretary.
Language is included under Office of Inspector General,
`Salaries and expenses' that provides the Inspector General
with all necessary authority to investigate allegations of
fraud by any person or entity that is subject to regulation by
the Department of Transportation, the authority to investigate
unfair or deceptive practices and unfair methods of competition
by domestic and foreign air carriers and ticket agents, and
allows funds to be available from forfeiture proceedings.
Section 180 provides authorization for DOT to maintain and
operate aircraft, hire passenger motor vehicles and aircraft,
purchase liability insurance, buy uniforms, or allowances
therefor.
Section 181 limits appropriations for services authorized
by 5 U.S.C. 3109 to the rate permitted for an Executive Level
IV.
Section 182 prohibits more than 110 political and
Presidential appointees in DOT and restricts the detailing of
these personnel outside of DOT.
Section 183 prohibits recipients of funds in this Act from
disseminating personal information obtained by state DMVs in
connection to motor vehicle records with an exception.
Section 184 stipulates that revenue collected by FHWA and
FRA from States, counties, municipalities, other public
authorities, and private sources for training be transferred
into specific accounts within the agency with an exception.
Section 185 prohibits DOT from using funds for grants of
$1,000,000 or more from FHWA, FAA, FRA, FTA, MARAD or
``National Infrastructure Investments'', unless DOT gives a 3-
day advance notice to Congress. Also requires notice of any
``quick release'' of funds from FHWA's emergency relief
program, and prohibits notifications from involving funds not
available for obligation.
Section 186 allows funds received from rebates, refunds,
and similar sources to be credited to appropriations of DOT.
Section 187 allows amounts from improper payments to a
third party contractor that are lawfully recovered by DOT to be
made available to cover expenses incurred in recovery of such
payments.
Section 188 requires that reprogramming actions have to be
approved or denied by the House and Senate Committees on
Appropriations, and reprogramming notifications shall be
transmitted solely to the Appropriations Committees.
Section 189 allows funds appropriated to modal
administrations to be obligated for the Office of the Secretary
for costs related to assessments only when such funds provide a
direct benefit to that modal administration.
Section 190 allows the use of the Working Capital Fund to
carry out the Federal Transit Pass program.
Section 191 prohibits the use of funds to implement any
geographic, economic, or other hiring preference not otherwise
authorized by law, unless certain requirements are met related
to availability of local labor, displacement of existing
employees, and delays in transportation plans.
Section 192 prohibits funds for California High Speed Rail.
Section 193 modifies penalty wages regarding foreign and
intercoastal voyages and coastwise voyages.
Section 194 prohibits funds used in contravention of
24305(c)(4) of title 49, U.S.C. regarding Amtrak food and
beverage service.
TITLE II--DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Language is included under Department of Housing and Urban
Development, `Management and administration' which designates
funds for `Executive offices'; designates funds for
`Administrative support offices;' specifies funding for shared
service agreements, the office of the chief financial officer,
the office of the general counsel, the office of
administration, the office of the chief human capital office,
the office of field policy and management, the office of the
chief procurement officer, the office of the departmental equal
employment opportunity, the office of strategic planning and
management, and the office of the chief information officer;
provides flexibility to transfer any remaining funds to any
office under the same heading or under the heading `Program
office salaries and expenses'; limits official reception and
representation expenses to $25,000; allows funds to be used for
certain administrative and non-administrative expenses; and
allows funds to be used for advertising and promotional
activities that directly support program activities funded in
this title.
Language is included under Department of Housing and Urban
Development, `Program office salaries and expenses' which
specifies funds for the office of public and indian housing,
the office of community planning and development, the office of
housing, the office of risk and regulatory affairs, the office
of policy development and research, the office of fair housing
and equal opportunity, and the office of lead hazard control
and healthy homes.
Language is included under Department of Housing and Urban
Development, `Tenant-based rental assistance' which specifies
funds for certain programs, activities and purposes and limits
the use and availability of certain funds; specifies the
methodology for allocation of renewal funding; directs the
Secretary to provide renewal funding based on validated voucher
system leasing and cost data for the prior year; prohibits
funds to exceed a public housing agency's authorized level of
units under contract, except for those participating in the
Moving to Work demonstration; directs the Secretary, to the
extent necessary, to prorate each public housing agency's (PHA)
allocation; directs the Secretary to notify PHAs of their
annual budget the later of 60 days after enactment of the Act
or March 1, 2017; allows the Secretary to extend the
notification period with the prior approval of the House and
Senate appropriations committees; specifies the amounts
available to the Secretary to allocate to PHAs that need
additional funds and for fees; specifies the amount for
additional rental subsidy due to unforeseen emergencies and
portability; provides funding for public housing agencies with
vouchers that were not in use during the previous 12 month
period in order to be available to meet a commitment pursuant
to section 8(o)(13); provides funding for incremental vouchers
for homeless veterans; provides funding for public housing
agencies that despite taking reasonable measures, would
otherwise be required to terminate assistance for families as a
result of insufficient funding; and provides for adjustments in
allocations for PHAs that participate in the Small Area Fair
Market Rent demonstration.
Language is included under Department of Housing and Urban
Development, `Tenant-based rental assistance' which provides
funds for tenant protection vouchers; sets certain conditions
for the Secretary to provide such vouchers; provides funds for
residents of multifamily properties that would not otherwise
have been eligible for tenant-protection vouchers; sets
eligibility requirements for multi-family properties to
participate in the program; sets conditions for the reissuance
of vouchers, and allows the Secretary to use unobligated and
recaptured funds from prior years.
Language is included under Department of Housing and Urban
Development, `Tenant-based rental assistance which provides
funds for administrative and other expenses of public housing
agencies to administer the section 8 tenant-based rental
assistance program; sets an amount to be available to PHAs that
need additional funds to administer their section 8 programs,
including fees to administer tenant protection assistance,
disaster related vouchers, Veterans Affairs Supportive Housing
vouchers and other special purpose vouchers; provides for the
distribution of funds; provides for a uniform percentage
decrease of amounts to be allocated if funds are not
sufficient; establishes that `Moving to Work' (MTW) agencies be
funded pursuant to their MTW agreements; provides funds for
section 811 mainstream vouchers; and specifies that the
Secretary shall track special purpose vouchers.
Language is included under Department of Housing and Urban
Development, `Housing certificate fund' which rescinds prior
year funds and allows the Secretary to use recaptures to fund
project-based contracts and contract administrators.
Language is included under Department of Housing and Urban
Development, `Public housing capital fund' which specifies the
total amount available for certain activities; limits the
availability of funds; limits the delegation of certain waiver
authorities; specifies an amount for ongoing Public Housing
Financial and Physical Assessment activities of the Real Estate
Assessment Center; specifies an amount for emergency capital
needs; specifies an amount for supportive services; specifies
the amount for a Jobs-plus Pilot initiative and specifies that
the initiative shall provide competitive grants; specifies that
the Secretary may waive or specify alternative requirements;
and specifies that the Secretary shall public notice of any
waiver or alternative requirement; establishes a limitation on
amounts that can be transferred; makes funds available for
bonuses for high performing PHAs; and establishes requirements
for notification of public housing agencies' formula
allocations.
Language is included under Department of Housing and Urban
Development, `Choice Neighborhoods Initiative' which allows the
Secretary to make competitive grants for neighborhood
rehabilitation; changes the availability of funds; allows funds
to be used for services, development, and housing; declares
funds not for ``public housing''; requires a period of
affordability; requires local planning and cost share; allows
local governments, tribal entities, public housing authorities
and non-profits to be grantees; allows for-profits to partner
and apply with a public entity; requires grantees to partner
with local organizations; establishes conditions for
environmental review; requires grantees to create partnerships
with other local organizations; requires the Secretary to
consult with other federal agencies; and allows prior year
program funds and HOPE VI funds to be used for this program.
Language is included under Department of Housing and Urban
Development, `Family self-sufficiency' which allows the
Secretary to waive or specify certain requirements, establishes
entities eligible to compete for funding, allows the
establishment of escrow funds, and allows the use of residual
receipt accounts to hire coordinators.
Language is included under Department of Housing and Urban
Development, `Native American housing block grants' which
limits the availability of funds; specifies the formula for
allocation; specifies amounts for training and technical
assistance; specifies an amount to support the inspection of
Indian housing units; specifies an amount to guarantee notes
and obligations as defined in section 502 of the Congressional
Budget Act of 1974; specifies that grantees are to be notified
of their allocation within 60 days of enactment; and makes
adjustments to certain recipient allocations under certain
conditions without a regulation.
Language is included under Department of Housing and Urban
Development, `Indian housing loan guarantee fund program
account' which specifies the amount and availability of funds
to subsidize total loan principal, specifies how to define the
costs of modifying loans, and provides a dedicated amount for
administrative expenses.
Language is included under Department of Housing and Urban
Development, `Housing opportunities for persons with AIDS'
which limits availability of funds and sets forth certain
requirements for the allocation of funds, renewal of contracts,
and grantee notification.
Language is included under Department of Housing and Urban
Development, `Community development fund' which limits the use
and availability of certain funds; specifies the allocation of
certain funds; prohibits grant recipients from selling, trading
or transfer funds; prohibits the provision of funds to for-
profit entities unless certain conditions are met; specifies
the amount made available for grants to federally-recognized
Indian tribes; prohibits funding for grants under the Economic
Development Initiative, Neighborhood Initiatives, Rural
Innovation Fund, and Section 107 of the Housing and Community
Development Act of 1974; and requires grantee notification of
formula allocations within 60 days of enactment.
Language is included under Department of Housing and Urban
Development, `Community development loan guarantees program
account' which limits the principal amount of loan guarantees,
directs the Secretary to collect fees from borrowers adequate
to result in credit subsidy cost of zero, and rescinds all
unobligated balances of budget authority previously
appropriated or recaptured under the account.
Language is included under Department of Housing and Urban
Development, `Home investment partnerships program' which
limits the availability of funds; specifies the allocation of
certain funds for certain purposes; specifies multiple
oversight requirements from prior acts that are not effective
for projects committed on or after August 23, 2013 and shall
instead be governed by the Final Rule entitled `Home Investment
Partnerships Program; Improving Performance and Accountability;
Updating Property Standards'; transfers amounts allocated to
the housing trust fund program to the home investment
partnership program; and prohibits funds from being credited to
the housing trust fund.
Language is included under Department of Housing and Urban
Development, `Self-help and assisted homeownership opportunity
program' which specified funding amounts for certain programs,
limits the period of availability, and specifies certain
amounts for rural activities and organizations.
Language is included under Department of Housing and Urban
Development, `Homeless assistance grants' which limits the
availability of funds; specifies the allocation of certain
funds for certain purposes; specifies matching requirements;
requires the Secretary to establish minimum performance
thresholds for projects, prohibits the Secretary from funding
continuum of care contract renewals unless certain requirements
are met; requires the Secretary the prioritize funding to grant
applicants that demonstrate a capacity to reallocate funding to
higher performing projects; requires grantees to integrate
homeless programs with other social service providers; allows
certain funds to be administered by private non-profit
organizations; allows unobligated balances and recaptures from
certain project-based rental assistance grants and shelter plus
care renewals to be used; and requires notification of formula
allocations within 60 days of enactment.
Language is included under Department of Housing and Urban
Development, `Project-based rental assistance' which limits the
availability of funds and specifies the allocation of certain
funds for certain purposes; specifies a certain amount for
contract administrators to administer certain programs; allows
certain recaptured funds to be used for contracts or contract
administrators; and allows the Secretary to recapture residual
receipts from certain properties.
Language is included under Department of Housing and Urban
Development, `Housing for the elderly' which limits the
availability of funds; specifies the allocation of certain
funds; designates certain funds to be used only for certain
grants; allows funds to be used for specified inspections or
inspection-related activities; allows funds to be used to renew
certain contracts; allows the Secretary to waive certain
provisions governing contract terms; allows excess funds held
in residual receipts accounts, after contract termination, to
be deposited in this account, and limits the availability and
use of these funds.
Language is included under Department of Housing and Urban
Development, `Housing for persons with disabilities' which
limits the availability of funds; specifies the allocation of
certain funds; allows funds to be used for inspections or
inspection-related activities; allows funds to be used to renew
certain contracts; allows funds held in residual account, after
contract termination, to be deposited in this account, and
limits the availability and use of these funds.
Language is included under Department of Housing and Urban
Development, `Housing counseling assistance' that provides
funds for described purposes, limits the availability of funds,
specifies amounts to be used for specified purposes, requires
the Secretary to make grants within a specified time frame, and
allows multiyear agreements subject to the availability of
annual appropriations.
Language is included under Department of Housing and Urban
Development, `Rental housing assistance' that limits the
availability of funds and allows the Secretary to use specified
unobligated balances, including recaptures, carryover and other
specified remaining funds for specified purposes.
Language is included under Department of Housing and Urban
Development, `Payment to manufactured housing fees trust fund'
that limits the availability of funds from specified sources;
permits fees to be assessed, modified, and collected; permits
temporary borrowing authority from the general fund of the
Treasury; provides that general fund amounts from collections
offset the appropriation so that the resulting appropriation is
a specified amount; requires fees collected to be deposited
into the Manufactured Housing Fees Trust Fund; allows fees to
be used for necessary expenses; and allows the Secretary to use
approved service providers.
Language is included under the Department of Housing and
Urban Development, `Mutual mortgage insurance program account'
which limits new commitments to issue guarantees, limits the
obligations to make direct loans, specifies funds for specific
purposes, allows for additional contract expenses as guaranteed
loan commitments exceed certain levels, and limits the
availability of funds.
Language is included under Department of Housing and Urban
Development, `General and special risk program account' which
sets a loan principal limitation on new commitments to
guarantee loans, limits the obligations to make direct loans,
specifies funds for specific purposes, and limits the
availability of funds.
Language is included under Department of Housing and Urban
Development, `Government national mortgage association' which
limits new commitments to issue guarantees, provides funds for
salaries and expenses, allows specified receipts to be credited
as offsetting collections, allows for additional contract
expenses as guaranteed loan commitments exceed certain levels,
and limits the availability of funds.
Language is included under Department of Housing and Urban
Development, `Policy development and research' which limits the
availability of funds, specifies authorized uses, and directs
the submission of a spend plan.
Language is included under Department of Housing and Urban
Development, `Fair housing and equal opportunity' which limits
the availability of funds, authorizes the Secretary to assess
and collect fees, places restrictions on the use of funds for
lobbying activities, and provides funds for programs that
support the assistance of persons with limited English
proficiency.
Language is included under Department of Housing and Urban
Development, `Office of lead hazard control and healthy homes'
which limits the availability of funds, specifies the amount of
funds for specific purposes, specifies the treatment of certain
grants, and specifies a matching requirement for grants.
Language is included under Department of Housing and Urban
Development, `Information technology fund' which limits the
availability and purpose of funds, including funds transferred.
Language is included under Department of Housing and Urban
Development, `Office of Inspector General' which specifies the
use of funds and directs that the IG shall have independent
authority over all personnel issues within the office.
Section 201 splits overpayments evenly between Treasury and
State HFAs.
Section 202 prohibits funds from being used to investigate
or prosecute lawful activities under the Fair Housing Act.
Section 203 corrects anomalies in the HOPWA formula
affecting New York, New Jersey, and North Carolina.
Section 204 requires any grant or cooperative agreement to
be made on a competitive basis, unless otherwise provided, in
accordance with Section 102 of the Department of Housing and
Urban Development Reform Act of 1989.
Section 205 relates to the availability of funds for
services and facilities for GSEs and others subject to the
Government Corporation Control Act and the Housing Act of 1950.
Section 206 prohibits the use of funds in excess of the
budget estimates, unless provided otherwise.
Section 207 relates to the expenditure of funds for
corporations and agencies subject to the Government Corporation
Control Act.
Section 208 requires the Secretary to provide quarterly
reports on uncommitted, unobligated, recaptured, and excess
funds in each departmental program and activity.
Section 209 requires the Administration's budget and HUD's
budget justifications for fiscal year 2018 be submitted in the
identical account and sub-account structure provided in this
Act.
Section 210 exempts PHA Boards in Alaska, Iowa, Mississippi
and the County of Los Angeles from certain public housing
resident representation requirements. Affected entities under
this section are reminded of their requirement to maintain a
tenant advisory board, as prescribed under this section. HUD is
required to ensure compliance with this requirement and should
take enforcement actions if this requirement is not fulfilled.
Section 211 exempts GNMA from certain requirements of the
Federal Credit Reform Act of 1990.
Section 212 authorizes HUD to transfer debt and use
agreements from an obsolete project to a viable project,
provided that no additional costs are incurred and other
conditions are met.
Section 213 sets forth requirements for Section 8 voucher
assistance eligibility and includes consideration for persons
with disabilities.
Section 214 distributes Native American Housing Block
Grants to the same Native Alaskan recipients as in fiscal year
2005.
Section 215 authorizes the Secretary to insure mortgages
under Section 255 of the National Housing Act.
Section 216 instructs HUD on managing and disposing of any
multifamily property that is owned or held by HUD.
Section 217 allows the Section 108 loan guarantee program
to guarantee notes or other obligations issued by any State on
behalf of non-entitlement communities in the State.
Section 218 allows PHAs that own and operate 400 or fewer
units of public housing to be exempt from asset management
requirements.
Section 219 restricts the Secretary from imposing any
requirements or guidelines relating to asset management that
restrict or limit the use of capital funds for central office
costs, up to the limit established in QHWRA.
Section 220 requires that no employee of the Department
shall be designated as an allotment holder unless the CFO
determines that such employee has received certain training.
Section 221 requires the Secretary to publish all notice of
funding availability that is competitively awarded on the
intemet for fiscal year 2017.
Section 222 limits attorney fees and requires the
Department to submit a spend plan to the House and Senate
Committees on Appropriations.
Section 223 allows the Secretary to transfer up to 10
percent of funds or $4,000,000, whichever is less, appropriated
under the headings ``Administrative Support Offices'' or
``Program Office Salaries and Expenses'' to any other office
funded under such headings.
Section 224 allows the Disaster Housing Assistance Programs
to be considered a program of HUD for the purpose of income
verifications and match requirements.
Section 225 requires HUD to take certain actions against
owners receiving rental subsidies that do not maintain safe
properties.
Section 226 places a salary and bonus limit on public
housing agency officials and employees.
Section 227 prohibits the use of funds for the doctoral
dissertation research grant program at HUD.
Section 228 requires the Secretary to notify the House and
Senate Committees on Appropriations at least 3 full business
days before grant awards are announced.
Section 229 prohibits funds to be used to require or
enforce the Physical Needs Assessment (PNA).
Section 230 prohibits funds for HUD financing of mortgages
for properties that have been subject to eminent domain.
Section 231 prohibits the use of funds to terminate the
status of a unit of general local government as a metropolitan
city with respect to grants.
Section 232 allows funding for research, evaluation, and
statistical purposes that is unexpended at the time of
completion of the contract, grant, or cooperative agreement to
be reobligated for additional research.
Section 233 prohibits funds to be used for financial awards
for employees subject to administrative discipline.
Section 234 permits HUD to consolidate funds used to manage
disaster recovery grants. Section 235 permits HUD to provide
one year transition grants under the continuum of care program.
Section 236 prohibits funds to enforce Executive Order
13690 regarding flood risk management.
Section 237 rescinds unobligated balances from salaries and
expenses accounts.
TITLE III--RELATED AGENCIES
Language is included for the Access Board, `Salaries and
expenses' that limits funds for necessary expenses and allows
for the credit to the appropriation of funds received for
publications and training expenses.
Language is included for the Federal Maritime Commission,
`Salaries and expenses' that provides funds for services
authorized by 5 U.S.C. 3109, the hire of passenger motor
vehicles, uniforms and allowances; and limits funds for
official reception and representation expenses.
Language is included for the National Railroad Passenger
Corporation, Office of Inspector General, `Salaries and
expenses' that provides funds for an independent, objective
unit responsible for detecting and preventing fraud, waste,
abuse, and violations of law; promotes economy, efficiency and
effectiveness at Amtrak; allows the IG to enter into contracts;
select, appoint or employ officers and employees to carry out
its functions; and requires the IG to submit its budget request
concurrently with the President's budget and in a similar
format.
Language is included under National Transportation Safety
Board, `Salaries and expenses' that provides funds for hire of
passenger motor vehicles and aircraft, services authorized by 5
U.S.C. 3109, uniforms or allowances therefore, limits funds for
official reception and representation expenses and allows funds
to be used to pay for costs associated with a capital lease.
Language is included in the Neighborhood Reinvestment
Corporation (NRC), `Payment to the neighborhood reinvestment
corporation' that specifies the allocation of funds.
Language is included for the United States Interagency
Council on Homelessness, `Operating expenses' that provides
funds for salaries, travel, hire of passenger motor vehicles,
rental of conference rooms, and the employment of experts and
consultants.
Language is included under Surface Transportation Board,
`Salaries and expenses' allowing the collection of $1,250,000
in fees established by the Chairman of the Surface
Transportation Board, and providing that the sum appropriated
from the general fund shall be reduced on a dollar-for-dollar
basis as such fees are received.
TITLE IV--GENERAL PROVISIONS, THIS ACT
Section 401 prohibits pay and other expenses for non-
Federal parties intervening in regulatory or adjudicatory
proceedings.
Section 402 prohibits obligations beyond the current fiscal
year and prohibits transfers of funds unless expressly so
provided herein.
Section 403 limits consulting service expenditures in
procurement contracts to those contained in the public record.
Section 404 prohibits employee training not directly
related to the performance of official duty.
Section 405 specifies requirements for reprogramming funds.
Section 406 provides that fifty percent of unobligated
balances for salaries and expenses may remain available for
certain purposes, subject to the approval of the House and
Senate Committees on Appropriations.
Section 407 prohibits the use of funds for any project that
seeks to use the power of eminent domain, unless eminent domain
is employed only for a public use.
Section 408 prohibits funds from being transferred to any
department, agency, or instrumentality of the U.S. Government,
except where transfer authority is provided in this Act.
Section 409 prohibits funds in this Act from being used to
permanently replace an employee intent on returning to his or
her past occupation after completion of military service.
Section 410 prohibits funds in this Act from being used,
unless the expenditure is in compliance with the Buy American
Act.
Section 411 prohibits funds from being appropriated or made
available to any person or entity that has been convicted of
violating the Buy American Act.
Section 412 prohibits funds for first-class airline
accommodations in contravention of sections 301-10.122 and 301-
10.123 of title 41 CFR.
Section 413 prohibits funds from being used for the
approval of a new foreign air carrier permit or exemption
application if that approval would contravene United States law
or Article 17 bis of the U.S.-E.U.-Iceland-Norway Air Transport
Agreement.
Section 414 restricts the number of employees that agencies
funded in this Act may send to international conferences.
Section 415 prohibits funds from being used to lease or
purchase new light duty vehicles for any executive fleet or an
agency's fleet inventory, except in accordance with
Presidential Memorandum--Federal Fleet Performance, dated May
24, 2011.
Section 416 caps the amount of fees the Surface
Transportation Board can charge or collect for rate or practice
complaints filed with the Board at the amount authorized for
district court civil suit filing fees.
Section 417 rescinds unobligated salaries and expenses
balances from various accounts.
Section 418 establishes a spending reduction account.
APPROPRIATIONS NOT AUTHORIZED BY LAW
Pursuant to clause 3(f)(1)(B) of rule XIII of the Rules of
the House of Representatives, the following table lists the
appropriations in the accompanying bill which are not
authorized by law for the period concerned (dollars in
thousands):
APPROPRIATIONS NOT AUTHORIZED BY LAW AND EXPIRING AUTHORIZATIONS
[Dollars in Thousands]
----------------------------------------------------------------------------------------------------------------
Appropriations
Last year of Authorization in last year Appropriations
Program authorization level of in this bill
authorization
----------------------------------------------------------------------------------------------------------------
Title I--Department of Transportation\1\
Federal Aviation Administration\2\
Operations................................. 2016 $9,740,700 $9,909,724 $9,994,352
Facilities and Equipment................... 2016 2,600,000 2,855,000 2,838,000
Research, Engineering, and Development..... 2016 156,750 166,000 167,500
Grant-in-Aid for Airports.................. 2016 3,350,000 3,350,000 3,350,000
Federal Railroad Administration
Safety and Operations...................... 2013 293,000 178,596 207,000
Maritime Administration
Operations and Training\3\................. 2016 184,287 171,155 175,079
Ship Disposal\3\........................... 2016 8,000 5,000 10,000
Maritime Security Program\3\............... 2016 210,000 210,000 300,000
Title XI\3\................................ 2016 31,135 8,135 3,000
Pipeline and Hazardous Materials Safety
Administration
Pipeline Safety............................ 2015 109,252 145,500 150,000
Office of the Secretary
National Infrastructure Investments........ 2016 500,000 500,000 450,000
Payments to Air Carriers................... 2016 155,000 175,000 150,000
----------------------------------------------------------------------------------------------------------------
\1\Excludes accounts that have never had authorized appropriation amounts, such as Transportation Investments
Generating Economic Recovery (TIGER) grants.
\2\Authorization levels are annualized. The Airport and Airway Extension Act of 2016 (P.L. 114-141) extends FAA
authorities through July 15, 2016.
\3\Reflects authorized amounts associated with maintaining national security aspects of the merchant marine per
P.L. 114-92.
Title II--Department of Housing and Urban Development
Rental Assistance:
Section 8 Voucher Renewals and 1994 8,446,173 5,458,106 19,961,675
Administrative Expenses...................
Public Housing Capital Fund................ 2003 3,000,000 2,712,555 1,900,000
Public Housing Operating Fund.............. 2003 2,900,000 3,576,600 4,500,000
Native American Housing Block Grants........... 2013 Such sums as 616,001 655,000
necessary
Indian Housing Loan Guarantee Fund............. 2012 Such sums as 6,000 5,500
necessary
Housing Opportunity for Persons with Aids...... 1994 156,300 156,000 335,000
Community Development Fund..................... 1994 4,168,000 4,877,389 3,060,000
Community Development Loan Guarantee Limitation 1994 Not Applicable Not Applicable [300,000]
Home Investment Partnerships Program........... 1994 2,173,612 1,275,000 950,000
Self-Help Homeownership Opportunity Program.... 2001 Such sums as 48,000 50,000
necessary
Homeless Assistance............................ 2011 Such sums as 1,901,190 2,487,000
necessary
Housing for the Elderly........................ 2003 Such sums as 783,286 505,000
necessary
Housing for Persons with Disablities........... 2015 300,000 135,000 154,000
FHA General and Special Risk Program Account:
Limitations on Guaranteed Loans............ 1995 - - - [20,885,072] [30,000,000]
Limitation on Direct Loans................. 1995 - - - [220,000] [5,000]
GNMA Mortgage Backed Securities Loan Guarantee
Program Account:
Limitations on Guaranteed Loans............ 1996 [110,000,000] [110,000,000] [500,000,000]
Administrative Expenses.................... 1996 - - - 9,101 23,000
Policy Development and Research................ 1994 36,470 35,000 80,000
Fair Housing Activities, Fair Housing Program.. 1994 26,000 20,481 65,300
Lead Hazard Reduction Program.................. 1994 250,000 150,000 130,000
Salaries and Expenses.......................... 1994 1,029,496 916,963 1,345,900
----------------------------------------------------------------------------------------------------------------
Title III--Related Agencies
Access Board................................... 2003 5,401 5,401 8,190
National Transportation Safety Board........... 2008 96,625 91,000 106,000
----------------------------------------------------------------------------------------------------------------
PROGRAM DUPLICATION
Pursuant to section 3(g)(2) of H. Res. 5 (114th Congress),
no provision of this bill establishes or reauthorizes a program
of the Federal Government known to be duplicative of another
Federal program, a program that was included in any report from
the Government Accountability Office to Congress pursuant to
section 21 of Public Law 111-139, or a program related to a
program identified in the most recent Catalog of Federal
Domestic Assistance.
DIRECTED RULE MAKING
The bill does not direct any rule making.
COMPARISON WITH THE BUDGET RESOLUTION
Pursuant to clause 3(c)(2) of rule XIII of the Rules of the
House of Representatives and Section 308(a)(1)(A) of the
Congressional Budget Act of 1974, the following table compares
the levels of new budget authority provided in the bill with
the appropriate allocations under section 302(b) of the Budget
Act:
BUDGETARY IMPACT OF FY 2017 TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED AGENCIES APPROPRIATIONS
BILL PREPARED IN CONSULTATION WITH THE CONGRESSIONAL BUDGET OFFICE PURSUANT TO SEC. 308(a), PUBLIC LAW 93-144,
AS AMENDED
[In millions of dollars]
----------------------------------------------------------------------------------------------------------------
302(b) Allocation This Bill
---------------------------------------------------
Budget Budget
Authority Outlays Authority Outlays
----------------------------------------------------------------------------------------------------------------
Comparison of amounts in the bill with Committee allocations
to its subcommittees: Subcommittee on Iransportation,
Housing and Urban Development, and Related Agencies
Mandatory................................................... ........... ........... ........... (1)
Discretionary............................................... 58,190 119,992 58,190 119,991
----------------------------------------------------------------------------------------------------------------
1Includes outlays from prior-year budget authority.
FIVE-YEAR OUTLAY PROJECTIONS
Pursuant to section 308(a)(1)(B) of the Congressional
Budget Act of 1974, the following table contains five-year
projections prepared by the Congressional Budget Office of
outlays associated with the budget authority provided in the
accompanying bill:
------------------------------------------------------------------------
302(b) Allocation This Bill
-----------------------------------------
Budget Budget
Authority Outlays Authority Outlays
------------------------------------------------------------------------
Projection of outlays
associated with the
recommendation:
2017...................... n.a. n.a. n.a. 42,1261
2018...................... n.a. n.a. n.a. 36,589
2019...................... n.a. n.a. n.a. 14,942
2020...................... n.a. n.a. n.a. 6,457
2021 and future years..... n.a. n.a. n.a. 8,092
------------------------------------------------------------------------
1Excludes outlays from prior-year budget authority.
ASSISTANCE TO STATE AND LOCAL GOVERNMENTS
Pursuant to section 308(a)(1)(C) of the Congressional
Budget Act of 1974, the amounts of financial assistance to
State and local governments is as follows:
------------------------------------------------------------------------
302 (b) Allocation This Bill
-----------------------------------------
Budget Budget
Authority Outlays Authority Outlays
------------------------------------------------------------------------
Financial assistance to State n.a. n.a. 33,918 31,8561
and local governments for
2017.........................
------------------------------------------------------------------------
1Excludes outlays from prior-year budget authority.
MINORITY VIEWS
The Transportation, Housing and Urban Development and
Related Agencies (T-HUD) bill provides $58.19 billion for
transportation, housing and community development investments.
Chairman Diaz-Balart has led an open and collaborative process
this spring, culminating with the fiscal year 2017 T-HUD bill.
The Chairman has continued to accommodate Subcommittee Members
on both sides of the aisle, and it's been a pleasure working
with him again this year.
This year's mark includes funding for critical
transportation, housing, and community development programs at
the Department of Transportation (DOT), Department of Housing
and Urban Development (HUD), and related agencies. It
represents an increase over current funding levels and reflects
a much more favorable allocation than when we started this
process last year. In addition, Federal Housing Administration
and Ginnie Mae receipts are estimated to provide an additional
$579 million in revenue for Fiscal Year 2017. When added to the
$889 million increase in the allocation, this bill provides
$1.4 billion in additional budgetary resources compared to FY
2016. These investments are badly needed. Across the country,
our infrastructure is crumbling and chronically underfunded.
This funding will put people to work improving our roads and
bridges, investing in neighborhoods, and removing toxins from
the homes of those most in need.
The passage of the Fixing America's Surface Transportation
Act (FAST Act) gives some certainty to the surface
transportation programs funded in this bill, and we are hopeful
that a bipartisan, multi-year reauthorization of the Federal
Aviation Administration (FAA) that preserves Federal oversight
of the air traffic control organization can do the same for
aviation.
The bill includes $450 million for the National
Infrastructure Investments (TIGER) program and $100 million for
the Choice Neighborhoods Initiative. Both programs remain
critical in our efforts to improve and modernize our nation's
transportation and housing infrastructure, and we will continue
to work with the Chairman as well as our Senate colleagues to
ensure maximum funding for these programs as the process moves
forward.
We would also like to highlight substantial increases in
funding for several other important programs under our
Subcommittee's purview. First, the Federal Transit
Administration's Capital Investment Grants program would
receive an increase of $323 million, allowing us to fund all
existing grant agreements. Also, HUD's Homeless Assistance
Grants program would receive an increase of $237 million, which
would provide a significant boost to local anti-homelessness
efforts across the country by putting proven solutions to work.
With regard to housing, the $20 million increase for Lead
Hazard Control would reduce lead poisoning rates and improve
educational and behavioral outcomes for children. Now is not
the time to slow our momentum in eliminating household toxins.
The bill provides notable funding increases for housing
counseling assistance as well as consumer safety and recall
activities at National Highway Traffic Safety Administration.
It funds the Driver Alcohol Detection System for Safety
program, a collaborative research partnership with auto
manufacturers to develop alcohol-detection technologies that
will one day be used to curb drunk driving. We must continue
our commitment to stopping drunk driving once and for all,
making the roads safer for all Americans. Further, the bill
provides full funding for the Federal Aviation Administration
and ongoing NextGen implementation, would fund Amtrak
adequately, and would guarantee that all existing tenants in
HUD-supported housing can continue to receive assistance.
The bill advances the Safe Transportation of Energy
Products. It provides funding for the Federal Railroad
Administration and the Pipeline and Hazardous Materials Safety
Administration, and provides agencies with the tools to
anticipate and prevent potential dangers before they arise.
There are still areas of pressing need left unaddressed.
Having a modest budget agreement that avoids the worst impacts
of sequestration is better than the alternative, but it is not
enough. We still have a massive public housing capital backlog,
decaying highways and bridges, and congested roads and
airports. We have not constructed new rental units for the
elderly or the disabled under sections 202 and 811 for several
years. And we are still far short of the comprehensive
neighborhood renovation HOPE VI used to make possible. We
cannot make the bold investments that are necessary to address
these problems without a comprehensive, bipartisan budget deal
to address the main drivers of our deficits--namely, tax
expenditures and mandatory programs.
The amendment offered by Representative Serrano underscores
this situation. Despite $1.9 billion in resources for the
Public Housing Capital Fund, an increase over the President's
request, the need is far greater. Estimates show that this
account would need around $3 billion to keep up with the
capital needs that accrue in just one year. As a result, public
housing authorities struggle to keep pace with maintenance
needs and to remove toxins like mold and lead paint from public
housing units.
While the T-HUD bill has a decent allocation and many
bright spots, poisonous policy riders that roll back worker
protections and threaten transportation safety have no place in
an appropriations bill and serve as a roadblock to final
passage. Each of these riders would change existing policy,
without being subject to thorough debate. Many of these issues
were examined by the relevant authorizing committees during
consideration of the FAST Act and were either resolved or
deliberately excluded from the final legislation.
The bill includes three Federal Motor Carrier Safety
Administration (FMCSA) policy riders. First, it continues to
suspend enforcement of the 34-hour restart provision of DDT's
hours of service rule. Unfortunately, this rider represents a
continuation of ongoing efforts to ensure that DOT is never
able to enforce the restart provisions in the hours of service
rule that are designed to reduce driver fatigue and increase
safety on our highways. Second, the bill includes a provision
to preempt state laws that provide meal and rest breaks for
truckers who are subject to federal hours of service
regulations, including intrastate truck drivers, and would make
these changes retroactive to 1994. The language is unacceptably
broad and would apply to intrastate truck drivers as well as
those who routinely cross state lines. The bill also would
prohibit funds from being used to amend, revise, or otherwise
modify FMCSA's new Safety Fitness Determination regulations
until the DOT Inspector General certifies that the Department
has addressed certain safety evaluation concerns as required by
the FAST Act. The new rule would allow the Department to
greatly expand the number of motor carriers that are assessed
each month, making our roadways safer. We should not
unnecessarily delay the Safety Fitness Determination rule.
Additionally, the bill contains a provision barring the use
of any funds for high-speed rail in California. While
California has encountered challenges constructing their high-
speed rail line, riders like this do nothing to help and only
make matters worse. The bill also alters existing law to place
a cap on the penalty wages that must be paid to seafarers,
including cruise line employees, when ship owners willfully or
arbitrarily withhold their pay. Capping these penalties would
not only harm workers, but also reward unscrupulous ship owners
at the expense of those who play by the rules. This issue is
being considered in the context of reauthorization of the
Maritime Administration. We should let the authorizers resolve
this. Finally, the bill contains a provision prohibiting funds
from being used if Amtrak food and beverage service revenues do
not at least equal the cost of providing these services. This
language conflicts with a provision in the recently enacted
FAST Act that allows Amtrak five years to come into compliance
with the food and beverage revenue requirement.
As the saying goes, ``the dose makes the poison.'' We are
concerned that amendments that have been adopted by the House
during consideration of the T-HUD bill in previous years will
attract a veto threat and will imperil Democratic support. The
adoption of riders that would weaken fair housing law, labor
rights, worker protections, or anti-discrimination laws, or
would draw this bill into ideological debates, would undermine
bipartisan work and result in a product that we could no longer
support. We reject the notion that we must swallow a few poison
pills in order to fund programs at an adequate level.
We are disappointed that the Committee rejected an
amendment to strike these provisions in full committee. The
Administration has continued to express its general opposition
to the inclusion of ideological riders in appropriations
legislation. Numerous safety, labor, public health, and law
enforcement groups, including crash victims and their families,
have also expressed their concerns with these riders, which
present an additional hurdle to getting the bill enacted.
We are also concerned that the Committee rejected an
amendment to extend the authorization of the United States
Interagency Council on Homelessness (USICH). Because it is a
third party, USICH can look across agencies of government and
find ways to improve service delivery and can recommend ways
for requirements to be streamlined. The USICH ensures that the
programs of 19 Federal agencies work together and, most
importantly, work for the person experiencing homelessness; its
charter should be extended.
Finally, with each passing day, the Zika public health
crisis grows more acute. We are disappointed the Committee
again failed to pass an amendment that would provide the
President's full $1.9 billion request for emergency
supplemental funding to mount a robust and aggressive response
to the Zika virus, without stealing the funding from other
urgent public health priorities. This funding is desperately
needed to invest in vaccine and diagnostic research and
development; enhance mosquito vector control; build public
health infrastructure; and begin aggressive public outreach and
information campaigns in U.S. states and territories, the
Caribbean, and Central and South America.
Given the fiscal constraints, it is a welcome development
that this bill not only maintains core programs at both DOT and
HUD, but also provides targeted funding increases for a number
of important programs. The Chairman has made reasonable efforts
to accommodate Democratic priorities, and we look forward to
working closely with him as the process moves forward.
Nita M. Lowey.
David Price.